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(영문) 인천지방법원 2014.07.10 2013고단6458

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On April 13, 2009, the Defendant: (a) purchased from the victim D and the victim E the “F 893 square meters” owned by the victims in the purchase price of KRW 1.215 million; (b) entered into an agreement with the victims to pay all balance and taxes of the said land as the sale price after completing a new building on the said land; and (c) newly constructed “G”, which is a multi-household housing, on the said land.

The victims registered the ownership preservation of six unsold households in lots in the above G as security title for the balance of the land 72.5 million won and the amount of tax of KRW 140,000 and KRW 100,000,000,000 from the Defendant.

On December 2, 2010, the Defendant made a false statement to the effect that “K,” respectively, issued a certificate of seal impression for real estate sale to the victims so that the purchaser of the unsold housing unit can sell it in lots, and would pay the balance and taxes.”

However, in fact, the Defendant, among the above unsold households, has already constructed G, transferred ownership to (ju)L M in the name of repayment of investment funds. Of the unsold households, three debentures (1, 401, 1, 403, 2, 403) among the unsold households (3 debentures (1, 1, 401, 1, 403, 2, 403) have no intent or ability to pay money to the victims in return for the purchase of new buildings in the above way and payment as the down payment in order to conduct personal business in a way of constructing and selling new buildings in the above way. The rest of one debentures is expected to be used as the construction cost for the new building of the above land located in the Namdong-gu, Incheon.

The Defendant, from the victim D on December 8, 2010, and from the victim E on December 10, 2010, respectively, has a certificate of seal impression for sale of real estate.