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(영문) 춘천지방법원 강릉지원 2015.11.04 2014고단1124
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On December 8, 201, the Defendant was sentenced to a two-year grace period of imprisonment with prison labor for fraud, etc. at the Jung-gu District Court, which became final and conclusive on the 16th of the same month.

【Criminal Facts】

Around August 2008, the Defendant: (a) at the construction work office of D’s operation in Spocheon-si; (b) even if the ownership of the above land was transferred from the victim E, the Defendant did not have the intent or ability to engage in development activities because it was practically impossible to develop the above land because it was not sufficient to supply funds to develop the above land; and (c) despite the Defendant’s intention or ability to use the above land for personal purposes by lending the above land as collateral, and did not have any intent or ability to pay any balance, the Defendant would purchase the victim’s purchase of the above land at KRW 5,877 million in total amount of KRW 390,000,000. The Defendant would first pay the down payment of KRW 350,700,000,000 from the victim’s name of Ppocheon-gun-gun, G, H, J, J, and K in the name of the victim, who provided the above land as collateral, and paid the balance of KRW 37,000,00,000.

Summary of Evidence

1. Legal statement of witness E;

1. Each prosecutor's protocol of examination of the accused;

1. Each part of the prosecutor's interrogation protocol against the accused E and L among the interrogation protocol for the accused;

1. Statement made by the police to Q Q;

1. A copy of each letter of commitment, a copy of payment note, a full certificate of registered matters, a copy of a certificate of permission for mountainous district conversion, a copy of a certificate of permission for mountainous district conversion, construction, large-scale repair, a copy of a certificate of change of purpose of use, a copy of land sales contract, a copy

1. Previous convictions in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (the confirmation report of the fixed date);

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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