beta
(영문) 서울중앙지방법원 2016.12.14 2016고단4292

사기등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[Basic Fact-finding] around May 27, 2014, the Defendant concluded a sales contract with H to the “G” Licensed Real Estate Agent Office located in Gwangju-si, Gyeonggi-do, by setting the purchase price of approximately KRW 74,600 square meters of I forest land ( approximately 22,000 square meters; hereinafter “instant forest”) owned by H as KRW 5 billion, the Defendant agreed to pay the down payment of KRW 300 million on the same day, the intermediate payment of KRW 1.7 billion on the same day, the intermediate payment of KRW 2.7 billion on the same day, and the payment of KRW 1 billion on September 26, 2014, and the balance of KRW 2 billion on December 19, 2014.

Accordingly, under the premise that the Defendant acquired the instant forest, the Defendant paid KRW 300 million as part of the amount that the Victim J re-owns KRW 1,500 out of the instant forest from the Defendant to KRW 600,000,000, from the Defendant, by means of having the VictimJ transfer it to the said H.

However, the above sales contract was terminated on October 2014 because the defendant could not pay the first intermediate payment of KRW 1.7 billion around July 25, 2014.

1. Fraud;

A. On February 2014, the Defendant made a false statement to the effect that “In M in Seocho-gu Seoul Metropolitan City L, the Defendant would purchase and create an artist’s village under the supervision of the State of Gwangju City on March 2014, to the victim K, who is a graduate graduate school student at Nuniversity, and purchase and create an artist’s village. The author would sell money at the purchase price. The author would sell money within 2-3 months. In the application for the permission for a development project, the Defendant would fall away from 2-3 months.”

However, at the time, the Defendant had no intent or ability to purchase the forest of this case as he did not own capital as a bad credit holder. Accordingly, it was not possible to create an artist village in the forest of this case. Moreover, even if the Defendant received money in advance from the victim as the sale price for approximately 22,600 of the forest of this case, even if he received money from the victim as the sale price for approximately 22,600 of the forest of this case, the Defendant would have the intent to register the division of the above