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(영문) 인천지방법원 2015.06.25 2014고단5457

사기

Text

Defendant

B Imprisonment with prison labor for seven months and for five months, each of the defendants A shall be punished by imprisonment.

Reasons

Punishment of the crime

1. Joint crimes committed by the Defendants

A. On August 25, 2008, at the F Office located in the Incheon Cheongjin-gun E, Incheon, the Defendants stated that, “A may purchase forest land and gather money from the victim G to obtain a building permit, due to the significant development of H in the future,” and us would purchase the 200 square meters of the 200 square meters among it. However, at the same time, the Defendants suggested that the above victim purchased forest and fields from the above I forest and fields.

However, in fact, although the Defendants purchased forest land 3,077 square meters adjacent to K from the owner L to the purchaser in the name of the purchaser, the transaction contract was terminated due to the failure to pay the balance, and there was no fact that the Defendants had been entrusted with the sale of forest land or consented to the sale by L, the owner of which was the owner.

Defendants, in collusion, deception the complainant and deception it from the victim on August 25, 2008, 20 million won in the name of Defendant A’s agricultural bank account (N) as the contract deposit amount around August 25, 2008;

9. Around 25.25. Around 20.20.m., a balance of KRW 46 million and a sum of KRW 67,000,000,000,000.

B. On May 18, 2010, the Defendants told Defendant A to the victim G that “it is necessary to pay money to obtain a building permit, arising from a party forest,” at the F Office located in Incheon Cheongjin-gun, Incheon.

However, the Defendants did not have any intention or ability to transfer the forest to the victim or obtain the design and building permit for forest land.

In collusion, the Defendants received the answer from the victim that “I would have already lent KRW 20 million to A because of the fact that there was a fact that the Defendants had already been deceiving the victim,” and around that time, remitted KRW 10 million to Defendant A’s Agricultural Deposit Account (O).