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(영문) 의정부지방법원 2013.05.10 2013고단711

사기등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On January 26, 2010, the Defendant, in the vicinity of the Seoul Jung-gu Seoul Metropolitan Government C building, ordered the victim D to purchase the right to sell a pentine 43 square meters of Seoul Jung-gu C Apartment-type 43 square meters. On the part of the expenses for the purchase of the right to sell a unit, the Defendant paid 30 million won to the victim for the payment of the right to sell a unit of money in the name of the purchase of the right to sell a unit of money in the name of the Defendant’s father, and received 30 million won from the victim to the agricultural bank account in the name of his father.

On March 9, 2010, the Defendant continued to purchase 100 million won from the Plaintiff, the buyer of the above apartment complex, the seller of the apartment complex, “The purchase price shall be changed under the name of 100 million won.” On the same page, the Defendant was issued one cashier’s check, the face value of which is 100 million won as the purchase price, from the victim.

However, the defendant did not have any intention or ability to allow the victim to purchase the right to sell the above apartment, even if he received the above money from the victim, since he did not have to purchase the right to sell the apartment.

Nevertheless, the Defendant made a false statement to the victim as above, and obtained a total sum of KRW 130 million from the victim on two occasions in terms of the purchase cost of the above sale right, and acquired it by fraud.

2. The Defendant, like paragraph 1, was aware of the forgery of a private document and the uttering of a private document, in order to pretend that he did not have the intent or ability to purchase the sale right with respect to the C Apartment 105 Ga 1502, Jung-gu, Seoul with the intention to purchase the above apartment from the above F, thereby forging a sales contract, a performance memorandum, a certificate of real estate transaction, etc. in the name of F as follows.

The Defendant shall, in advance, do so at the Government's seat of the Homan on March 2010.