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(영문) 서울중앙지방법원 2015.06.25 2014고단3780

사기등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 14, 2004, the Defendant agreed to jointly purchase Sincheon-gun D, E, F, and G (hereinafter “H land”) and concluded a sales contract with J on September 14, 2004 by setting the purchase price of KRW 1 billion (the contract deposit of KRW 90 million, the remainder of KRW 980 million, and the remainder of KRW 980 million) with the Defendant, who is the owner of H’s land, on the following grounds: (a) the Defendant agreed to jointly purchase Hencheon-gun and Gyeonggi-gun Group D, E, F, and G (hereinafter “H land”); (b) and (c) the Deceased, who was the owner of H’s land, had a dispute over the receipt of a down payment more than the down payment to be originally borne by the Defendant.

Accordingly, the Defendant and the Deceased did not jointly purchase H land on February 7, 2005, and arranged all of the obligation and obligation amounting to KRW 100 million, and the Deceased agreed to transfer the ownership of Section 107, KSB, 107, at the time of the Gyeonggi-do, to the Defendant. On April 20, 2005, the Deceased completed the registration of transfer of ownership to the Defendant on April 20, 2005, thereby extinguishing all the obligation and obligation between the Defendant and the Deceased.

Nevertheless, as the Deceased died on December 7, 2008, the Defendant, by using the fact that the victim I and the Deceased L, who is the son of the Deceased, did not know well the above joint investment agreement progress related to H land, tried to obtain money from the victims in various forged documents as if they still bear the Defendant’s obligation of KRW 500 million as a penalty for joint investment in H land.

1. On June 18, 2009, the Defendant sent a written notification demanding the victim I to pay KRW 500 million under the name of the penalty for joint investment in H land at the office of Pakistan located in the new flowers at the time of the sports strike, and the Defendant also sent a receipt of September 2, 2004, which is a private document concerning the rights and obligations forged under the name of the deceased and I, as the private document concerning the rights and obligations forged under the name of the deceased, September 27, 2004, the certificate of September 27, 2004, the cash custody certificate of September 28, 2004, the cash custody certificate of September 30, 2004, the cash custody certificate of September 30, 2004, and the execution contract (agreement) for the sale and purchase of real estate as of October 2,