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(영문) 수원지방법원 안양지원 2018.09.07 2017고단1806

사기등

Text

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

Reasons

Punishment of the crime

[criminal records] On August 8, 2016, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Eastern District Court, and the judgment was finalized on October 29, 2016. On June 14, 2017, the Seoul High Court sentenced two years and six months of imprisonment for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on June 14, 2017, and the judgment became final and conclusive on June 22, 2017. On September 19, 2017, the Defendant was sentenced to four months of imprisonment for a crime of fraud from the support for the development of Suwon Friwon, which was sentenced to four months of imprisonment for the purpose of fraud.

[2] On August 208, 2008, the Defendant: (a) concluded a contract with C, etc. to purchase D forest and fields in Nam-si, Namyang-si; (b) but (c) did not transfer ownership and was delegated by the said C, etc. with all of the authority related to the sale and purchase of the forest and fields.

On March 3, 2014, the Defendant: (a) in the F Real Estate Office located in Namyang-si, Namyang-si; (b) stated the victim G, the victim H, and the victim I in detail 9,918 square meters of D forest land in Namyang-si, Namyang-si; and (c) transferred ownership by dividing it.

"......" The victims and the victims entered into a sales contract for the forest land.

However, on August 26, 2009, prior to the conclusion of a sales contract with the victims, the Defendant sold 46,208 square meters of land to L for 629,006,40 square meters among the above J-J-forest 383,791 square meters (the former J was divided into J, D, K, etc.) and 46,208 square meters of land for 629,006,400 square meters, but L did not perform the procedure for the registration of land division and ownership transfer before the remainder date. Accordingly, on February 22, 2012, the Defendant disposed of 140,233 square meters of land in the above J-forest where the part purchased was located and registered, and on May 3, 2013, was disputing with L, such as filing a lawsuit seeking the registration of transfer of ownership.

In addition, even if the defendant received forest payments from the victims, he was in a situation where he had to pay the purchase price to C et al., who was the original owner of the forest of this case, and was debts of approximately KRW 500,000 and KRW 500,000 to Saemaul Treasury, etc.