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(영문) 의정부지방법원 2017.10.18 2016고단3939

사기등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 16, 2010, the Defendant was sentenced to imprisonment with prison labor for one year and six months, and two years of suspension of execution for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the District Court (forest) and the judgment becomes final and conclusive around that time. On July 3, 2015, the judgment became final and conclusive on July 11, 2015 after being sentenced to imprisonment with prison labor for a crime of violating the Road Traffic Act (non-licenseless Driving), and on November 10, 2016 at the same court, the judgment became final and conclusive on March 8, 2017.

Criminal facts

1. On July 9, 2010, the Defendant was delegated by the victim E with the purchase and sale of the said real estate at the D office located in Sacheon-si, Sacheon-si, with the consent of the victim E.

A false statement was made that “The transfer of purchase price to KRW 98.4 million is intended.”

However, the defendant did not have any intention or ability to transfer the above real estate even if he received the payment of the purchase price from the injured party because he did not have any delegation from G clan, the owner of the above real estate.

Nevertheless, the defendant deceiving the victim as above and transferred KRW 30 million as the contract deposit of the above real estate to the defendant's agricultural bank account (I) in the name of the defendant from the damage victim in the above time-to-day Won-si, Dongcheon-si.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant who forged a private document and carried out the above investigation document at D offices located in Seocheon-si on July 16, 2010, when concluding a real estate sales contract with E even though he/she did not have received any delegation from G paper, the Defendant entered into the real estate sales contract with E, using the pen in the paper form for the real estate transaction contract, “Yancheon-siF in Gyeonggi-do” and “Yancheon-do 253 square meters (984 square meters)” in the area column, “Yancheon-gu 253 square meters (98,400,000)” in the area column, “Ycheon-si 3,253 square meters (98,400,000)”, “A million won in the contract form,” “A” in the name of the receiver, and “Yancheon-gu 10 million won” in the name of the receiver. < Amended by Presidential Decree No. 22190, Oct. 21, 2010>