특정경제범죄가중처벌등에관한법률위반(사기)
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the facts charged, the Defendant and C, D, and E (hereinafter “Defendant, etc.”) did not sell to C the right to use the land of the F in Chuncheon City and 14 parcels (hereinafter “instant land”). In principle, the right to use the land of the instant case cannot be transferred, and even though Defendant, etc. did not have any intent or ability to cause the instant land to be unclaimed to G from the Korea hydroelectric Power and Nuclear Co., Ltd. (hereinafter “Korea hydroelectric Power and Nuclear Co., Ltd.”) which is the owner of the instant land, C prepared a false contract, etc. as if he purchased the land of the instant case in 670 million won from E, thereby gathering the value of the right to use the land of the instant case from the victim as a resale price for the said right to use the land.
Accordingly, between January 2006 and February 2, 2006, C, D, and E purchased the land of this case from Defendant, L, and M, who is the farmer of the right to use the land of this case, and C purchased the land of this case from E at the real estate office located in Jung-gu Seoul, Jung-gu, Seoul, the I market JJ branch office and the real estate office in Gyeonggi-gu, Jung-gun. The victim purchased the land of this case at KRW 670 million from E. The victim purchased the land of this case at KRW 691 million from E. The victim would sell it again to the victim if the victim would sell the purchase price of this case at KRW 670 million, plus KRW 21 million from the purchase price of this case at KRW 670 million. The victim would be able to receive the land of this case from the Korean hydroelectric power within one year."
Defendant
On or around February 24, 2006, C prepared a false sales contract stating that he/she purchased the above right to use the land from E, and presented it to the victim. On or around April 10, 2006, the Defendant is related to D’s certificate of personal seal impression, proxy certificate, and land on which the Defendant had the right to use the land (hereinafter “the Defendant’s farmland”).