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(영문) 춘천지방법원 원주지원 2018.11.08 2018고단445

사기등

Text

1. Defendant A shall be punished by imprisonment with prison labor for six months.

2. Defendant B shall be punished by a fine of two million won.

Reasons

Punishment of the crime

1. Defendant A

A. On October 2015, 2015, Defendant A proposed that Defendant A purchase Gangwon-gun D (which was then divided into D and E; hereinafter the same shall apply) jointly with the victim C at a non-sceptic place, and Defendant A sent money from the victim at a non-sceptic place on November 201 of the same year to “the purchase price of the instant land is insufficient.”

different types.

In order to send money, a false statement was made to the effect that “To complete the registration of transfer of ownership for half of the land by conducting a survey of partition,” and that part was obtained from the injured party the total amount of KRW 28.4 million, including KRW 26 million on December 17, 199 and KRW 28.4 million on January 29, 200, from the injured party, as the purchase price of the land.

B. As Defendant A, in violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name, intended to purchase the instant land from F around October 2015, was anticipated to be unable to obtain a loan for purchase due to bad credit standing, etc. if the Defendant purchased the instant land under the name of the Defendant, Defendant A entered into a trust agreement with B and B to register the transfer of ownership of the instant land in the name of B. On December 18, 2015, Defendant A completed the registration of the transfer of ownership of the instant land in the Chuncheon District Office located in Gangwon-si, Gangwon-do, Gangwon-do, in the name of B on October 31, 2015.

2. Defendant B: The above Defendant B

1. He completed the registration of the transfer of ownership of the instant land in his name in accordance with the trust agreement with A at the same place in the same time as at the day of port B.

Summary of Evidence

1. The defendant A's partial statement

1. Defendant B’s legal statement

1. The legal statement of the witness C;

1. A protocol concerning the examination of suspect by a part of the prosecution against the defendant A;

1. Each police statement protocol against C, B, and G;

1. Documents, such as details of account transactions, certified copy of real estate registry, application for permission for development activities, and certified copy of real estate registry;

1. Each investigation report (one, nine, one1, and one3 times a year) Defendant A and his defense counsel’s defense counsel’s assertion are above.