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(영문) 광주지방법원 목포지원 2014.03.28 2013고단1467

사기등

Text

In the case of crimes No. 1 and No. 2, imprisonment with prison labor for 10 months, for crimes No. 3 through No. 6 in the decision of the defendant, 2 years.

Reasons

Punishment of the crime

【The Defendant was sentenced to three years of imprisonment for fraud, etc. at the Suwon District Court on September 19, 2002, and was released on May 25, 2004 and the parole period on September 14, 2004. On December 21, 2007, the Seoul Central District Court sentenced eight months of imprisonment for fraud, etc. at the Seoul Central District Court on April 24, 2008. The said judgment became final and conclusive on April 24, 2008. On December 4, 2008, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Central District Court on December 12, 2008, and the said judgment became final and conclusive on September 19, 2009.

(Criminal Facts)

1. Around August 2007, the Defendant against the victim D made a false statement to the victim D at the “F real estate office located in the Dong-gu Seoul Special Metropolitan City, Ansan-si, Seoul Special Metropolitan City, that “G and H land is owned.” The price of the land is low and there is investment value in the future. As the price of the land is low, the Defendant purchased the land at KRW 15 million.”

However, even if the defendant was not the owner of the above land and was paid money from the victim, he did not have the intent or ability to transfer the above land ownership to the victim.

The Defendant, by deceiving the victim as above, received from the victim the money of KRW 15 million from the victim to the new bank account (J) in the name of the Defendant, around August 14, 2007.

2. Around November 10, 2007, the Defendant against the victim C made a false statement to the victim C, stating that “Around 9,600 square meters of the Freal estate office” as stated in the above Paragraph (1) is about 35 million won in the purchase price of the land and KRW 2 million in consideration of the fact that the access road is installed and it is possible to develop.” The Defendant made a false statement to the victim C, stating that “I would purchase the said land if the purchase price of the land is KRW 35 million and fee is KRW 2 million.”

However, the above land does not have access roads at that time, and even if the defendant receives money from the victim, he/she wishes to purchase the above land to the victim.

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