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(영문) 부산지방법원 동부지원 2015.07.10 2015고합42

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for five years.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

1. The Defendant, who committed a crime related to the 33,058 square meters of forest land C (hereinafter referred to as “use real estate”), with the view to obtaining consulting on the purchase and investment, etc. of real estate from the victim D (hereinafter “victim”) who is the name of the Dong, using a forged real estate sales contract, a copy of the register of real estate register, etc., to obtain the purchase price of the victim’s real estate.

Around July 2008 to August 8, 2008, the Defendant recommended the victim to purchase the Permitted Real Estate at the coffee shop located in the 1st apartment in Busan Shipping Daegu apartment in Busan, to purchase it by falsely concluding that “The purpose of the used real estate can be changed in the form and quality of land to the adjacent relationship to the national highways, so it is possible to purchase it, so that it can bring about a lot of profits if it is sold in lots.” The Defendant obtained the consent of the victim, and received the delegation from the victim of the right to purchase the permissible Real Estate.

그러나 사실 피고인은 용인 부동산을 실제 매입하는 것처럼 피해자를 속여 피해자로부터 부동산 매수와 관련한 대금을 지급받아 이를 가로챈 다음 피고인의 다른 투자금 변제 명목 등으로 사용할 생각이었으므로 피해자로부터 용인 부동산 매수와 관련한 권한을 위임받고 그 대금을 지급 받더라도 이를 정상적으로 매수할 의사나 능력이 없었다.

Around October 2008, the Defendant received KRW 150,000,000 from F in cash, which was in charge of the management of the funds of the victim at the location of the Dogdong-dong in Gangnam-gu Seoul, Seoul, and received KRW 400,000,000 from G’s foreign exchange bank account (H) on November 4, 2008, KRW 40,400,000,000 from the national bank account (J) on February 2, 2009, and KRW 390,000,000,000 from the above I account on April 29, 2009. The Defendant received on April 29, 2009, the amount of KRW 56,000,000 from the Korean bank account (K) under the name of the Defendant on April 29, 2009.

In this respect.