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(영문) 울산지방법원 2013.04.05 2012고단1967

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 21, 2011, the Defendant made the victim E a false statement to the effect that “D, who is an employee of the said C, is the owner of a forest with a size of 20,169 square meters in the north-gu, Chungcheongnam-gu, Chungcheongnam-gu, U.S., and will sell 330 square meters in the neighboring port and 56 million square meters.”

However, the above facts were that C was not the owner of the above forest and field, and only around August 24, 201, the above forest and field owners entered into a sales contract (the sale price of KRW 1 billion), but only KRW 20 million out of the down payment of KRW 100 million, and the above C was liable at the time of the payment of the purchase price, and thus, C did not have any intention or ability to transfer the above forest and field ownership to the victim, even if it was paid the purchase price from the victim.

The Defendant received KRW 1 million in cash from the victim, namely, in the name of down payment, as down payment, from the victim, and around August 26, 201, he/she received KRW 55 million in the name of balance from the account of the national bank account of the above C Co., Ltd. (G).

Accordingly, the defendant deceivingd the victim and caused the above C to receive the property.

2. On October 9, 201, the Defendant entered into a contract to sell KRW 330,000,000,000,000 in the amount of money for KRW 15,00,00,00 in the Nam-gu Office as indicated in paragraph (1) of the same Article, Nam-gu, Sinpo-si, Nam-gu

However, around July 26, 2011, the above forest land was executed upon the creditor I’s provisional attachment order of KRW 49,000,000 as claimed by the creditor I, and the execution was completed. Since the above C had no intent or ability to cancel the execution of the above provisional attachment of KRW 500,000,000 to the company debt at the time, it concealed such fact even though the purchaser was obligated to notify the above facts to the victim, and caused D, an employee of the above C, to have the intent or ability to transfer the complete ownership.

The defendant belongs to this.