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(영문) 광주지방법원 2019.10.25 2019고단2455
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 6, 2018, the Defendant entered into a sales contract with the victim C to sell to KRW 180 million,00,000,000, the free land located outside D and 5,000,000, (hereinafter referred to as “the above land”), which is located in the office of a certified judicial scrivener in the front of the Nai-si, Nai-si, Nai-si, Nai-si, Nai-si, Nai-si, Nai-si, Nai-si, Nai-si, Nai-si, Nai-si, Ma

However, at that time, the Defendant leased a variety of land without any dry field owned by the Defendant, and left the farm house in the form of a contract cultivation, but did not pay rent to the owner of the land due to financial problems, etc., and did not properly pay rent to the owner of the land. The Defendant was not in a state of non-living by using composts. Before entering into a contract with the victim, the Defendant had already agreed to grow a tunnel-free on the side of the E Farming Cooperative (F) and the above land, and received KRW 50 million as a down payment. Even if cultivating the land, the Defendant was thought to dispose of it to another person, so there was no intention or ability to supply the land by cultivating the tunnel-free land normally to the victim even if the purchase-free amount was paid by the victim.

As above, the Defendant, by deceiving the victim as above, received from the victim the sum of KRW 20 million in the name of the victim as down payment, KRW 31 million in the name of March 6, 2018, and KRW 126 million in the name of intermediate payment, around March 8, 2018, and acquired it as the account of community credit cooperatives in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The prosecutor's statement concerning B;

1. Each police statement concerning C, B, and G;

1. Application of Acts and subordinate statutes on a sales contract, agreement, or copy of passbook;

1. The grounds for sentencing under Article 347(1) of the Criminal Code for the pertinent criminal facts and Article 347(1) of the Criminal Code for the choice of punishment are divided and reflected by the defendant, and the amount of damage is KRW 126 million.

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