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(영문) 대전지방법원 천안지원 2015.01.23 2014고단339

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On December 9, 2011, the Defendant was sentenced to two years and six months of imprisonment for the offering of bribe, fraud, etc. at the Busan High Court on March 29, 201 and the above judgment became final and conclusive on March 29, 2012.

Criminal facts

피고인은 2007. 9. 11.경 오스트레일리아 퀸즈랜드주 C건물에 있는 피고인이 운영하는 `D` 사무실에서 피해자 E에게 “내가 호주에서 아파트(F)를 건축하고 있는데 아파트를 매수해라, 2007. 11.경까지는 준공이 될 것이고, 2007. 12. 31.경까지 소유권 이전등기를 경료해 주겠다”라는 취지로 거짓말 하였다.

However, the fact is that the Defendant, at the time, was running a rental apartment construction business at H H level with the company G operated by the Defendant at the time, but the lack of funds was difficult due to the lack of funds. Even if the Defendant received money from the victim as the purchase price, he was thought to be used for personal purposes, such as operating expenses of the said company G, and thus, he did not have any intent or ability to complete the registration of ownership transfer

Around September 17, 2007, the Defendant: (a) by deceiving the victim; (b) issued the Defendant’s checks of KRW 150,000,00 through the Defendant’s denial I; and (c) in the name of K, who is the victim’s child, the Defendant calculated L’s land in the name of K, which is the victim’s child, as KRW 40,000,000; and (d) calculated the N’s land in the name of M, which is the victim’s child, as the purchase price; (b) obtained the personal seal impression, power of attorney, etc. necessary for the transfer of the owner’s ownership of each of the above land through the said I, and completed the registration of ownership transfer on or around October 17, 2007; and (c) received from the victim one bank account in the said I’s name on or around November 1, 207, KRW 300,000 from the victim.

Accordingly, the defendant obtained a total of KRW 180,000 from the victim and acquired it by fraud, and accord and satisfaction of each of the above lands with a total of KRW 400,000.