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(영문) 대구지방법원 포항지원 2013.07.30 2013고단465

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

On July 2008, the Defendant delegated the right of representation for the conclusion of the land purchase and sale contract to the victim D, the representative director of C&C, and arranged the purchase and sale contract between F, the owner of the above land (F’s G) and the victim.

On July 14, 2008, the victim entered into a sales contract of KRW 60,00,000,000 for F and F land at the residence of Nam-gu, Nam-gu, and KRW 600,000,00 for total purchase price, and F divided the above land into four parcels and received the remainder of each parcel from the victim, the victim's ownership was transferred. Accordingly, on August 7, 2008, F divided the above land into E, E, I, J, and K4 parcels at port.

Around August 2008, the Defendant received the consent of the victim by making a false statement to the effect that “The Defendant shall pay the balance with the money borrowed from the money borrowed, and shall pay the interest on the land sold in lots. The balance will be paid directly to F. The payment will be made in person with the money paid.”

However, at the time, the Defendant did not have the intent or ability to pay the remainder to the victim F instead of the victim with bad credit standing, even when the Defendant only 170 million won of the bank account obligations, and was thought to use the money as the personal cost for the repayment of the borrowed money from the victim.

Around that time, the Defendant made a false statement to F that “I would sell the land at the first time to transfer the ownership of the company C due to the lack of the circumstances of D companies, and would pay F any balance to F by selling the land.”

9. Around February 23, 200, after having the ownership of the Nam-gu K and J transferred to C in each future, the victim made a false statement to the effect that “The ownership is transferred by paying the balance to F in all, and the real estate was sold in lots.”

Ultimately, the Defendant is as above.