beta
(영문) 부산지방법원 동부지원 2017.04.26 2017고단73

사기

Text

Defendants shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

Defendant

A is the real operator of “(State)G”, the planning real estate company, and Defendant B is the person who takes charge of the business as the head of the above company, and the victim is the person who takes charge of the business.

On February 2, 2011, the Defendants, at the office of the above company located in H. 401 in Busan B. M., the victim I changed the victim I into a green belt management area where the land of J. 401 square meters in Gyeongnam-si, Gyeongnam-si, J. 92 square meters in Gyeongnam-do.

This land can be seen as a lot of benefits.

If the purchase of such land does not change the purpose of use for not more than three years or the price of the land is not calculated, the sale shall be responsible for or will be changed again.

“False speech was made to the effect that it was “.”

However, in fact, the Defendants did not have public officials who want to view the said real estate as a green belt planning area, and it was not clear that the said real estate will be changed to the use of the said land as a green belt. Even though the purchase price of the said real estate was 1,370,000 won per square year, the Defendants would sell the said real estate to 5,330,000 won to the victims, and there was no intention or ability to repurchase the said real estate as agreed in the event that the real estate price is not erroneous, or there was no intention or ability to repurchase it again.

The Defendants conspired to deception the victim on March 3, 201, and received KRW 20 million as the down payment for the sale and purchase of the above real estate on or around March 3, 201, and received KRW 139 million as the remainder payment on or around April 15, 201, and acquired KRW 159 million in total.

Summary of Evidence

1. Defendants’ respective legal statements

1. A witness I and each legal statement of A;

1. A protocol concerning the examination of suspect of the police to K;

1. Application of Acts and subordinate statutes to certificates of all the matters to be registered, real estate trade contracts, summary writing, process deed, and investigation report (attached to the receipt account of fraud);

1. The Defendants of the pertinent legal provisions and the choice of punishment regarding criminal facts: the grounds for sentencing under Articles 347(1) and 30 (Selection of Imprisonment) of the Criminal Act.