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(영문) 인천지방법원 2013.04.16 2012고단11955

사기

Text

Defendants shall be punished by imprisonment for ten months.

However, with respect to Defendant L, it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

On September 6, 2012, A was sentenced to one year of imprisonment for a crime of fraud in the Busan District Court Branch Branch of the Incheon District Court, and on November 15, 2012, the above judgment became final and conclusive.

The Defendants used the fact that Defendant L was delegated by the J with the authority to dispose of the said forest and field and completed the registration of ownership transfer in the name of P Co., Ltd. (formerly: P Co., Ltd.) with the authority to dispose of the said forest and field. As if there was development support for the said forest, the Defendants were in mind to have the said forest and field divided by receiving money in the name of the purchase price from investors.

Defendant

A around March 22, 2010, at the office of the 1st floor underground floor of the building located in Q Q in Gangnam-gu Seoul, a false statement was made to the victim N to the effect that “as there is a forest owned by 8,265 square meters in Pyeongtaek-gun G, Gyeonggi-do, with a total share of 1/5,653 square meters in his/her father K, the above share is owned by B, and there is no problem in constructing the electric house, and that this share is purchased in KRW 1,50,000,000,000 won.”

However, in fact, the above woodland was nominal by the J as an intermediate omission registration method, and the provisional registration of the promise for sale was made under the J’s name. Therefore, unless the J pays KRW 700 million to some portion of the above woodland as the purchase price for the above woodland, the Defendants could not ultimately make the registration of ownership transfer for only some portion of the above land. Even if the Defendants received money from the victim as the purchase price for the above land, they would have been able to use it as other debt repayment, etc. At the time, Defendant A had no intention or ability to return the purchase price to the victim even if he did not pay the above woodland as the purchase price for the above land. At the time, Defendant A had been over KRW 150,00,000 without any special property

In collusion, the Defendants conspired with the victim on March 22, 2010 to make up for the sale price at the above office around March 22, 2010.