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(영문) 전주지방법원 군산지원 2014.07.24 2014고단247

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On September 14, 2012, the Defendant altered private documents: (a) filed a request with G to a third party without authority on the upper end of the sales contract for corporeal movables in the name of D, E, and Gunsan, stating “CF.” (hereinafter “instant sales contract”); and (b) KRW 20 square meters of HH in the Si of Gunsan,” which read “AF in the name of D, E, and Gunsan.”

2. Unauthorized buildings and corporeal movables (co-containers and harrassments), and 2012, located on the 30m2 above ground lots in the Gunsan-si, Simsan-si;

9. 14 days and sale shall be made.

'D' stated that it would be sold to the defendant to the unauthorized building without permission.

Accordingly, for the purpose of exercising, the Defendant altered a sales contract for corporeal movables in the name of D, a private document on rights and obligations.

2. On September 14, 2012, the Defendant: (a) sold the land and a building without permission under the preceding paragraph at the house of the JJ located in Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si; (b) presented the altered corporeal movables sales contract as if it were a document duly formed.

3. 사기 피고인은 2012. 9. 15.경 군산시 조촌동 소재 군산지원 앞 불상의 법무사 사무실에서 피해자 J에게 “군산시 H 및 I 토지와 위 토지 위에 있는 무허가 건축물을 샀으니 2,800만 원에 매도하겠다.”라고 거짓말을 하였다.

However, the Defendant was awarded a successful bid on the above land, and the Defendant did not have any intention or ability to sell the above unauthorized building to the victim because he did not purchase the above unauthorized building from D, the owner of the building without permission.

The Defendant sold the above land and building without permission to the victim, and received 28 million won from the victim in the name of the purchase price.

Accordingly, the defendant was given property by deceiving the victim.

4. On November 201, 2013, the Defendant’s false statement about D upon request from the Defendant’s office located in K in the Seocho-si, Sinsan-si.