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(영문) 창원지방법원 통영지원 2016.12.08 2016고단1055

사기

Text

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

However, 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

On October 31, 2008, the Defendant purchased a 656m2 from E, which was developing a housing complex, on or around December 10, 2008, the E, which was developing a housing complex, and completed the registration of ownership transfer in the name of the Defendant on or around December 10, 2008. On or around March 4, 2014, the Defendant purchased a 330m2 of G land and completed the registration of ownership transfer in the name of the Defendant on the same day.

Since now on June 209, the owners of the above eight parcels of land, including F and G, had difficulty in developing the eight parcels of land into a housing complex because there was no access road to the said eight parcels of land including the above eight parcels of land. Accordingly, from now on, I, the owners of the above eight parcels of land, including the Defendant, made an agreement to use part of the H land as a access road for the above eight parcels of land, and purchase the said H land at KRW 100 million. Around that time, while performing civil construction works for building a housing complex for the above eight parcels of land, the above eight parcels of land was cut and the access road was installed by building concrete on that part of the above eight parcels of land.

However, since the owners of the above eight parcels, including the Defendant, failed to prepare KRW 100 million, they did not pay the land purchase price to the said I, and even if an agreement was made around July 20, 2012 and around September 26, 2014 upon I’s continuous demand for payment of the purchase price, the said land purchase price was not paid.

1. On February 5, 2015, the Defendant entered into a sales contract with the victim to sell an amount of KRW 176,62 million to the victim KRW 656 square meters in the “L office,” located in K at the same time as the Plaintiff, at the L office, the said Doo-si.

However, at the time, the victim planned to purchase the above F land and to newly construct the housing, and the F land was used as an access road to the H land owned by the I, but the land owners including the Defendant and the above eight parcels of land were only about five to six years from the time of the initial agreement.