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(영문) 광주지방법원 순천지원 2012.12.06 2012고단2955

사기

Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, 50,000 won shall be converted into one day.

Reasons

Criminal facts

The Defendant promoted a purchase and sale contract for forest land, which was re-entrusted by G G, the owner F of which was delegated for sale by 1,00 square meters and 10,00 square meters of 1,00 square meters of 20,405 square meters of C forest land (the part of October 21, 201 is divided into D forest 19,480 square meters of 19,480 square meters of 20,000 square meters of 198,942 square meters of E forest and land, in the net

Around April 27, 2011, the Defendant entered into a sales contract with the victim H on KRW 120 million with respect to part of C forest land, and received KRW 120 million as the down payment on May 3, 201, and around May 4, 2011, entered into a sales contract with the victim H on KRW 80 million with respect to KRW 10,000 among E forest land, and received KRW 5 million as the down payment on the same day, and paid KRW 15,000,000 to G after deducting KRW 2 million from the down payment on the same day. However, the sales contract was not concluded on the grounds of delay in subdivision procedures, etc., which is the term of the contract, and shortage in the sales price.

Around October 4, 2011, the Defendant agreed to suspend the payment deadline for remainder by resumption of a sales contract of 1,000 square meters for C forest land at the container office located in C forest and fields. The Defendant offered that “The Defendant would purchase 250 square meters in order to secure access roads in another person’s parcel in front of 720 square meters of land.” If the Defendant paid KRW 50 million with the additional sales contract, it would incur design expenses and permission expenses and transfer ownership at the same time as the remainder payment for the entire land.”

However, in fact, it is thought that the money received as additional sales contract is appropriated for the repayment of the defendant's loan, the repayment of penalty, the office operation expenses, etc. without being delegated the second sale contract with respect to the resumption of the sales contract and the additional sales contract.