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(영문) 인천지방법원 2015.12.23 2015고단4018

사기등

Text

Defendant

A Imprisonment with prison labor for three years, for six months, for each of six months.

However, as to the defendant B and C,

Reasons

Punishment of the crime

[Criminal Justice] On December 17, 2014, Defendant B sentenced Defendant B to six months of imprisonment with prison labor and one year of suspended execution due to the fabrication of private documents at the Chuncheon District Court, and the said judgment became final and conclusive on May 8, 2015.

【Criminal Facts】

1. Defendant A’s fraud

A. On March 2013, the Defendant introduced the Hayang-gun H forest in the Defendant’s office located in Gyeyang-gu Incheon Gyeyang-gu G and C 801, and made a false statement to the victim I, stating, “This land is 10 million won, and the purchase of this land is 10 million won, within six months. On the other hand, the Defendant would sell it in double to 2-30 million won per month. The Defendant may benefit from the purchase of the land. It is sufficient that 200 million won is 20 million won per month.”

However, the above forest land is merely 6,250,284 won (30,942 square meters x 202 won) and the tax base is merely 1,00,000 won, and there is a substantial difference from the purchase price that the Defendant speaks. In addition, most of the above forest land is combining it into a national park site, and it was not a situation where it is practically impossible to resell it again with two times within 6 months, and it was not a situation where pine trees can be sold.

Nevertheless, on March 27, 2013, the Defendant made a false statement as above, and received KRW 100 million from the victim for the purchase price at a bank Gyeyang-dong located in Gyeyang-gu Incheon Metropolitan City.

B. Around March 2013, the Defendant introduced the Defendant’s office located in Gyeyang-gu Incheon, Gyeyang-gu G and C 801, and made a false statement that “The Defendant would sell the Defendant with double times within four months.”

However, even if the victim purchases the forest land with no property value due to the lack of the road, the above forest land has no intention or ability to sell it within four months.

Nevertheless, the Defendant deceivings the victim as above, and thereby, from the victim on March 27, 2013, the Defendant amounted to KRW 31 million at the Gyeyang Branch of Korea Bank in the name of the purchase price.