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(영문) 제주지방법원 2019.10.23 2018고단1901

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around May 2016, the Defendant, against the victim B and the victim C, recommended D to purchase the said land at the G 1st floor coffee shop located in the Daegu Suwon-gu, Daegu-gu, to purchase the said land before the victim’s end-up at the victim’s end on May 2016. The investment value is good (e.g., e., 491 square meters in Jeju-do) and it is good for investment value. It was possible to directly conclude a contract with the prop. In addition, if there was a person to purchase the land, it was delegated by the prop, and D recommended D to purchase the said land at the Plaintiff’s end.

However, at the time, the Defendant did not have been delegated by H or I, a representative of the owner of the above land, to sell the above land, and even if the purchase price was paid from the victims, the Defendant did not have the intent or ability to transfer the ownership of the above land to the victim

As such, the Defendant, by deceiving the victims, received the total sum of KRW 130 million from May 19, 2016 to August 10, 2016 from the victims to the bank account, etc. in the said name D from May 19, 2016, and acquired it as the purchase price for land.

2. Around July 11, 2016, the Defendant: (a) directed the victim J to enter into a sales contract with the owner’s M of ten parcel of KRW 16,566 square meters in Jeju L to purchase KRW 3.6 billion in total, including KRW 400 million in down payment, KRW 1.8 billion in intermediate payment, and KRW 1.4 billion in remainder; (b) K, upon the development of the said land and raising profits, received part of the said land from K in terms of veterinary expenses; and (c) after said, K was unable to pay intermediate payment of KRW 1.8 billion in total due to financial difficulties, K sold the said ten parcel of KRW 1,465 square meters in total, and received the payment, and was able to cover part of part of the intermediate payment for the said ten parcel of land.

On October 24, 2016, the defendant sold the land to the victim from the land owner M.