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(영문) 서울북부지방법원 2012.12.07 2012고단147

사기

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2] Around August 6, 2009, the Defendant agreed to sell 23,140 square meters of land in the name of Gyeonggi-do Co., Ltd. 46,413 square meters (hereinafter “the forest of this case”), among D and purchase price of 98,000,000 won (the first down payment of 50 million won, August 13, 2009; the second down payment of 50 million won, August 20, 2009; the remainder of 88,000,000 won; the ownership transfer registration of 23,140/46,413 square meters in the name of Gyeonggi-do; and each of the instant forest of this case was made under the name of 36,50,000 won in the title of E and 463,000,0000 won in the aggregate amount; and each of the instant forest of this case shall be registered for ownership transfer from 11,000,0000 won in the aggregate amount;

Defendant paid only 150,000,000 won by December 10, 2009, paid only 1500,000 won to D, and offered that D would resell the forest land of this case on the face of five lots and pay the purchase price for D with D with the consent of D on March 16, 2010. The forest of this case was divided into five parcels, such as Gyeonggi-gun, H, I, J, and K.

However, the Defendant failed to pay D the purchase price for the instant forest land, and around June 2010, the first right to collateral security for the instant forest was cancelled at the expense of the Defendant (the right to collateral security was cancelled on May 18, 2010 with the money that D received from the Defendant) and changed the terms and conditions of the sales contract to be directly paid to D.

The Defendant, as above, did not pay any balance in the process of amending the terms and conditions of a contract, the withdrawing party and others.