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(영문) 의정부지방법원 2017.12.20 2017고단2666

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2017 Highest 2666] On July 28, 2015, the Defendant: (a) purchased a container container D, 4,922 square meters from the Plaintiff’s office located in Pyeongtaek-gun, Gyeonggi-do on July 28, 2015; and (b) obtained permission to develop a forest and made a use change; and (c) sold in installments after dividing it. As such, the Defendant entered into a sales contract with a sale price of KRW 100,000,000 for 508 square meters out of the forest and land; and (b) entered into a sales contract with a sale price of KRW 70,00,000 for the payment of KRW 70,000,000 for the remainder payment

When only a contract is concluded as forest land is a clean land, the ownership may be transferred immediately.

“.....”

However, the Defendant purchased forest land from F in KRW 100,000,000. The Defendant raised the Defendant’s funds from F only KRW 100,000,000,000, and had no capacity or intent to transfer the Defendant’s forest land in installments to F with respect to forest land due to the shortage of purchase funds from others even when the remaining purchase funds were borrowed from others. The Defendant set the right to collateral security of KRW 260,000,000 with the maximum amount of the claim amount of KRW 600,000 with respect to the claim, and the right to collateral security of KRW 250,000 with the maximum amount of the claim amount of KRW 250,000 with respect to H. At the time, there was no particular asset for the Defendant to bear the obligation of KRW 910,000,000 with any other asset, and there was no capacity or

Nevertheless, the defendant deceiving the victim as above and received 30,000,000 won in total as the down payment from the victim, i.e., the victim, and 30,000,000 won in August 31, 2015 as the remainder.

[2017 Highest 3005] The Defendant is the owner of 4,922 square meters of forests and fields D, Gyeonggi-gu, Gyeonggi-do (hereinafter “instant land”), and the victim I is a person engaged in reinforcement soil work.

On December 16, 2016, the Defendant: (a) within 20 days from the completion of construction works on the 352 square meters of the instant land to the victim of the mutual infinite coffee shop located near the Seo-do High School located in Seoyang-do, Chungcheongnam-do; and (b) within 20 days from the completion of construction works on the 352 square meters of land.