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(영문) 청주지방법원 충주지원 2017.07.07 2016고단301

사기등

Text

Defendant

A Imprisonment with prison labor for one year and for six months, respectively.

Reasons

Punishment of the crime

[2016 Highest 301] The Defendants conspired with the victim D, victim E, and victim F to jointly sell the land, and then publicly notify the purchase price to collect the difference from the victims.

1. On October 27, 201, the Defendants concluded a contract with the victims to jointly purchase the land in Chungcheong City G, H, and I with the victims as seen above, and to purchase the said land from Kju-si, the owner of the said land at Kju-si, Chungcheongnam-si, Chungcheongnam-si, with the total amount of KRW 510 million (85,000 per 3.3 square meters).

Although the Defendants received KRW 3.6 million from the victims (each KRW 1.2 million) but around that time they purchased the said land to the victims in total at KRW 60 million (one million per 3.3 square meter).

In this regard, the victims should pay KRW 120 million each.

Accordingly, the Defendants: (a) by deceiving the victims, had them pay more than KRW 54 million, which is the amount to be borne by the victims; and (b) had them pay more than KRW 18 million, which is the amount to be borne by the victims; and (c) had them obtain pecuniary benefits equivalent to the amount to be paid less than the amount to the victims.

2. On November 17, 201, the Defendants provided that “the victim E shall be paid KRW 20 million as the introduction fee for M (or M) that knew of the critical information about the finding of land owner” at the closed land of the year, and around that time, the Defendants received KRW 10 million from the victim in cash, and the victim received KRW 10 million as the introduction fee on December 2, 201, and received additional KRW 10 million from the victim around that time.” In addition, the Defendants received KRW 10 million from the victim in cash.

However, the defendants only paid 5 million won as the introduction fee to M, and the difference in 15 million won was considered to have been divided by the defendants.

In this respect.