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(영문) 광주지방법원 장흥지원 2015.06.09 2015고합2

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【Criminal Power】 On May 9, 2013, the Defendant was sentenced to imprisonment with prison labor for one year and six months and a fine of eight hundred million won for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (tax) at the Gwangju High Court, and the said judgment became final and conclusive on May 17, 2013.

【Criminal Facts】 The Defendant continued to assist the victim D in the process of acquiring ownership of F forest land of 16,543 square meters (hereinafter “the instant forest”) in leisure time from E through civil litigation, and was friendly.

On January 14, 2008, the Defendant acquired the ownership of the forest of this case from E. On March 21, 2008, the Defendant was willing to receive the higher amount from the victim by taking advantage of the circumstances that, on March 21, 2008, the Plaintiff would receive the said higher amount from the victim, by demanding the H Co., Ltd. (hereinafter “H”) that was trying to operate G business in KRW 1,075,295,00,00 among the forest of this case (hereinafter “H”), but the transaction negotiation was not smoothly conducted due to the difference in opinion on the trading price, such as demanding an amount exceeding 5 billion won, but the purchase and sale negotiation was not conducted due to the difference in opinion on the trading price.

On April 1, 2008, the Defendant made a sales contract stating that “Around April 1, 2008, the Defendant may receive a larger amount of money from the victim because there exists a person who knows well in H,” and that the Defendant received the documents necessary for the transfer of ownership of the forest of this case, the victim’s certificate of personal seal impression, and the certificate of personal seal impression from the victim on the same day. In order to prevent the transfer income tax from the transfer of ownership of the forest of this case, the Defendant prepared a sales contract stating that the Defendant transfers the forest of this case to the Defendant, which is the same amount as the amount of the forest of this case acquired, KRW 89.4 million, the same amount

However, the defendant raises objection against the victim.