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(영문) 광주지방법원 해남지원 2015.02.04 2014고단382

사기

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is delegated by D, the owner of C forest land 9,917 square meters (hereinafter “instant forest”) at the time of leisure water, with the sale of the instant forest land.

1. On November 3, 2008, the Defendant recommended the victim E to introduce and purchase the instant forest land. On December 3, 2008, the Defendant entered into a contract to sell the instant forest land to the victim for KRW 51 million on behalf of the owner, at the office of G Co., Ltd. operated by the victim located in F at F at F at F at F at P on December 3, 2008, on behalf of the owner. The victim paid KRW 10,000,000 in money in the name of the down payment from D’s place to the agricultural bank account under the name of H at H at H, and the victim paid KRW 41,00,000 in money under the name of the Defendant’s name, which was designated by the Defendant.

그러나 사실은 피고인은 피해자로부터 이 사건 임야 매매에 따른 잔금 4,100만 원을 받더라도 이 중 2,900만 원만 매도인인 D에게 건네주고 나머지 1,200만 원은 피고인이 가로챌 생각이었을 뿐 매도인 D에게 잔금 전부를 건네줄 의사가 없었음에도 마치 잔금 전부를 매도인 D에게 건네줄 것처럼 피해자를 기망하여 피해자로부터 이 사건 임야 매매에 따른잔금 명목의 금원 4,100만 원을 지급받았다.

Accordingly, the Defendant, as seen above, acquired the property equivalent to KRW 12 million out of the balance money received from the victim by deceiving the victim.

2. On December 16, 2008, the Defendant: (a) stated that “A victim E is required to file a lawsuit seeking invalidation of a cause for disposing of the land at the intermittent value before a passenger ship terminal located in the 682 Young-dong 682, Young-si; and (b) that “D is required to agree with D to have the sales contract valid.”

However, the defendant did not have the intention or ability to pay D even if he received money under the pretext of agreement from the victim.