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(영문) 서울중앙지방법원 2013.06.04 2013고단660

사기등

Text

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

Reasons

Punishment of the crime

1. Around June 8, 2012, the fraud Defendant stated that “A victim E was retired from the Army as an officer within the KTD branch located in Gangnam-gu Seoul Metropolitan Government, and I would purchase the land within 500 square meters if I make an investment to B, because I would like to purchase the land at low prices under the Ministry of National Defense.”

However, in fact, the defendant was not only planned to use the money that he received from the victim to pay his personal debt, so even if he received the investment money from the victim, he did not have the intent or ability to purchase the land with the above agreement.

The defendant shall belong to the defendant three million won on the same day from the victim, and the same year.

6. Two million won shall be received as the purchase price for each of the above lands, and the same year;

8. 28. 6 million won, and the same year;

9. 20. 8 million won, and the same year;

9. A corporation bank under the name of the defendant in the name of the business bank (Account Number:F) in the name of the defendant as the purchase price for each of the above land, five million won on December 6 of the same year and six million won on December 6 of the same year.

Accordingly, the Defendant, by deceiving the victim, received a total of 30 million won, and fraudulently acquired it.

2. Around December 3, 2012, the Defendant: (a) accessed the Internet using a computer in the Defendant’s residence located in Seongbuk-gu Seoul Metropolitan Government; (b) received a file format of the real estate sales contract posted at the location; (c) printed out the file; and (d) entered the seller’s column of the sales contract “H” in the seller’s name, and affixed a seal of H’s name acquired in advance on the back of the H’s name.

Accordingly, for the purpose of exercising, the Defendant forged a real estate sales contract in the name of H, which is a private document on rights and obligations.

3. On December 5, 2012, the Defendant: (a) received an investment amount of KRW 6 million from the place specified in paragraph (1) at the time specified in paragraph (1); and (b) under the circumstances described in paragraph (1), and is deemed to have duly concluded a copy of the forged real estate sales contract to E who is aware of such forgery.