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(영문) 서울중앙지방법원 2014.09.18 2014고단2172

사기

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 19, 2010, the Defendant was sentenced to four months of imprisonment for fraud, etc. at the Busan District Court on November 19, 201, and the above judgment was finalized on November 19, 201, and on January 27, 2011, the Jeju District Court sentenced two years of suspended execution to six months of imprisonment for fraud, etc. and became final and conclusive on May 13, 201.

【Criminal Facts】

1. On July 11, 2007, the Defendant made a false statement to the victim’s office in G Co., Ltd., operated by the victim F in Jeju-si, stating, “If the Defendant entered into a contract to purchase the H land at Jeju-si, and if the balance remains due to a shortage of the balance, he would pay the balance of KRW 350 million, and within three months after acquiring ownership, he would sell the land at KRW 1.5 billion to the Seoul-si and pay KRW 50 million to the Seoul-gu in addition to the profit of KRW 1.5 billion.”

However, even if the Defendant received KRW 350 million from the victim, it was difficult for K to pay KRW 1.5 billion for the purchase price of the above land because it was used to cancel provisional registration in the name of the support accommodation established in the above land, or there was no thought to use the above land as operating expenses of the corporation I and J incorporated farming association operated by the Defendant. On the condition that K would sell the above land in KRW 900 million after the purchase price of the above land, the Defendant would sell the above land to K who is the original owner of the above land, and the market price of the above land did not reach KRW 200 million. Thus, it was impossible for K to sell the above land in KRW 1.5 billion. In addition, it was difficult for K to pay the purchase price of the above land in KRW 90 million. In addition, since the priority mortgage was established in the maximum debt amount of KRW 200 million established in Jeju Agricultural Cooperatives, there was no intention or ability to pay KRW 500 million to the victim because there was no particular property.

Nevertheless, the defendant deceivings the victim as above and is therefore borrowed from the victim.