beta
(영문) 수원지방법원 성남지원 2018.11.14 2017고단3227

사기

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On August 2, 2016, the Defendant would transfer the victim E and the victim F to the notary public D office located in the building B B located in Ansan-si, Seoul Special Metropolitan City on August 2, 2016, including the amount of premium for the right to lease H land, and I land to the victim E and the victim F, including the land of Pyeongtaek-si, a state owned by the Korea Forest Service and used for the loan from the Korea Forest Service.

Since the sale of the G land is confirmed, it is possible to purchase the G land immediately if only the application for purchase is filed.

If the land is not sold, the down payment of 300 million won will be returned within 15 days without molding.

“A false statement” was made.

However, in fact, the above G land, which is a state-owned land, managed by the Korea Forest Service, was leased to the victims for the purpose of a loan, but was not used for the purpose of the loan. In 201, it was unclear that there was an application for purchase (exchange) more than twice in 201, but there was not sold, and there was no deficit in the owner of the above H land, which is the private land. Since the above I land, which is a state-owned land, was managed by the J Union from September 2015 to the land managed by the Ministry of Finance and Economy, it was impossible to transfer the ownership of the above land to the victims even if it was paid 300 million won from the victims, and there was no intention or ability to return the down payment within 1.5 billion won to the victims even if the purchase contract on the above land was not implemented due to the consideration that the Defendant paid the down payment or was used as another business investment.

On August 3, 2016, the defendant deceivings the victims as above, and acquired 300 million won through the K Partnership account (Account Number L) in the name of the defendant as the down payment from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. The defendant;