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(영문) 서울남부지방법원 2013.06.10 2013고정962

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 16, 2012, the Defendant was sentenced to two years in Seoul High Court to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. on August 24, 2012, and the above judgment became final and conclusive on August 24, 2012, and on February 22, 2013, the Seoul Southern District Court was sentenced to two years of probation and partial exemption from imprisonment with labor for fraud, and the above judgment became final and conclusive on March 5, 20

1. Around April 24, 2009, the Defendant and C called the Victim D (Inn, 48 years of age) by phone, and “To dispose of 1,300 square meters outside Gyeonggi-gun, and 6 parcels 1,300. In order to dispose of, it means that C shall make an appraisal by depositing the appraisal fee into the Plaintiff, and C shall receive a telephone from the Defendant and return the appraisal fee to the victim as a passbook within the head of Tong in order to want to make an appraisal at the spot of the land at the site of the land, and return it together with the down payment after the sales contract.”

However, the defendant and C did not have any intention or ability to conduct land appraisal or dispose of the land of the victim even after receiving appraisal fees from the victim.

The Defendant, in collusion with C, received money KRW 6.5 million from the victim to the passbook account in the name of C as land appraisal fees.

2. Joint criminal conduct with the accused, F, and C;

A. On December 29, 2009, the Defendant and F told the victim D at the H office located in Seongbuk-gu Seoul Metropolitan City, Sungnam-si, that “I will pay KRW 10 million, including interest, until January 15, 2010, if I lend KRW 10 million as an appraisal fee for the Amar land and the Bmar land, with KRW 400,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).”

However, even if the defendant and F receive appraisal fees from the victim, the defendant and F did not have any intention or ability to conduct land appraisal or purchase the victim's land.

The Defendant and F in collusion with C shall be the F in exchange for land appraisal fees from the victim.