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(영문) 인천지방법원 2018.05.03 2018고단847

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On September 19, 2014, the Defendant against the victim C had information on the “Yyeong-si D Forest Land (hereinafter “instant land”) discovered by finding the land as early as possible at the school near the school, such as large-scale advertisements in the Dongdaemun-gu Seoul Dongdaemun-gu, Seoul.”

E is still aware of its own ownership.

Currently, after Pyeongtaek-si decided to expropriate the land in order to purchase the above land, the land expropriation compensation deposit amount of KRW 40 million is deposited.

B. A loan of KRW 40 million to B was made within 2 months, namely, that “E will pay KRW 200 million in total by selling it to a third party after purchasing the instant land from E within 40 million.”

However, in fact, the instant land was already purchased in Pyeongtaek-si through consultation between Pyeongtaek-si and the owner E, and the E received compensation around March 21, 2006, and there was no separate deposit related thereto. The Defendant did not know whether deposit related to the instant land exists or whether it is possible to purchase the instant land. Therefore, even if having received money from the damaged party, the Defendant did not have the intent or ability to pay KRW 200 million to the victim by purchasing or returning the instant land.

As such, the Defendant, by deceiving the victim, obtained a total of KRW 40 million, including the four copies of the check, from the victim himself/herself on the same day.

2. On July 5, 2016, the Defendant against the victim F, at the “H” coffee shop located in Sinpo-si G on July 5, 2016, showed to the victim F the victim F the satellite photographs, forest registers, land use plans, and all certificates of registered matters, etc. of the instant land as indicated in paragraph (1) and has information on the “instant land” as indicated in paragraph (1), which is a real estate discovered by finding the land on the ground.

E is still aware of its own ownership.

.This land;