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(영문) 대전지방법원 홍성지원 2019.02.27 2018고단670

사기

Text

Imprisonment with prison labor for each of the crimes of Articles 2 and 3 as stated in the judgment of the defendant 1, shall be punished by imprisonment for three months, or by imprisonment for eight months.

Reasons

Punishment of the crime

On April 20, 2011, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution in the Hongsung Branch of the Daejeon District Court, and the said judgment became final and conclusive on the 28th of the same month.

The Defendant is the representative of “C Co., Ltd.”, a land development company located in Chungcheongnam-nam Budget Group B.

1. On August 23, 2010, the Defendant: “Around August 23, 2010, the Defendant: (a) purchased a forest land E in Chungcheongnam-gun budget-gun; (b) planned to develop the forest land adjacent to the said real estate into a pent or electric resource housing complex; and (c) subsequently, he/she may gain profits if he/she purchases the said real estate by calculating approximately KRW 50,400,00 per square meter of the said real estate as a pent or electric resource housing site; and (d) the said real estate would be changed to the form and quality of the said real estate as a pent or electric resource site; and (e) registered after the construction of a road and water supply and drainage

However, the above real estate was adjudicated by the Defendant at approximately KRW 4,060 per square meter on May 24, 2010. The Defendant did not file an application for change of the form and quality of the above real estate or F forest adjoining the above real estate or the above real estate at around this time, and the Defendant did not have any physical and human capital to proceed with the construction of pent or electric power resource housing site. As such, the real estate did not have any intention or ability to transfer the ownership of the above real estate to the victim after registering the construction of pent or electric power resource site by dividing it into the construction of pent or electric resource site.

Ultimately, on October 4, 2010, the Defendant, by deceiving the victim as above, received cash KRW 24 million from the victim, as the pretext of down payment and intermediate payment, and was exempt from liability KRW 6 million incurred by the previous victim. On January 11, 201, the Defendant received KRW 8 million in cash as a balance, and received KRW 38 million in cash or acquired property gains.

2. The defrauded against the Victim G is the Defendant at the Chungcheongnam-nam Budget Group H around February 2, 2014.