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(영문) 대구지방법원 서부지원 2014.10.17 2014고단674
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 19, 2013, the Defendant purchased 1,590 square meters of forest land in Daegu-gu Dtel office from H and three other persons (hereinafter “the instant forest land”) from the victim E. In order to transfer the forest land in the future within four months after the purchase of 1,590 square meters of forest land in the said two lots of land at KRW 2,226,00,000, the Defendant would obtain permission to construct a factory after performing civil engineering works on the said forest and land, and on June 25, 2013, at the JJ office located in Daegu-gu I, Daegu-gu, Seoul-gu, stating, “1,040 square meters of forest land in the said two lots of land will be purchased at KRW 1,430,000,000, the Defendant would obtain permission to construct a factory after performing civil engineering works on the said forest and land.”

However, the fact was that the contract was rescinded upon the notification of cancellation on April 2013 by H because the defendant was unable to pay the balance with the non-H non-party 3 who is the owner of the above forest and field, and the contract was rescinded. Therefore, the transfer of ownership to the victim after the transfer of the name of registration and the transfer of ownership to the victim and the construction of the civil works and there was no intention

Around June 19, 2013, the Defendant received 110,000,000 won from the victim to the Daegu Bank account (Account Number K) of the Defendant as the down payment, and subsequently, around June 25, 2013, received KRW 71,50,000 as the down payment and received KRW 181,50,000 over two occasions from the said Daegu Bank account.

Accordingly, the defendant was given property to the victim by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of L/M;

1. Sales contract (Agreement) - A primary contract, a sales contract (Agreement) - A secondary contract;

1. A real estate sales contract (a contract with a nominal owner of a forest by a suspect);

1. Details of remitting down payment;

1. Application of Acts and subordinate statutes to certification of contents;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Article 62(1) of the Criminal Act:

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