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(영문) 청주지방법원 2015.01.30 2014고단1379

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant 70,000,000 won to C who is an applicant for compensation, and 80.

Reasons

Punishment of the crime

around May 7, 2012, the Defendant: (a) purchased the purchase price of KRW 11,566 square meters for 1,022 square meters and 11,566 square meters for G G forest owned by Dongin-gun, Chungcheongnam-do; and (b) concluded a real estate sales contract with the purport that KRW 100 million shall be paid at the same time as the contract is concluded; and (c) the remainder of KRW 77,00 million shall be paid by September 10, 2012 without the intermediate payment; (d) the Defendant was unable to pay the remainder on the remainder payment date under the request of the said E even if the payment date was extended twice on the remainder payment date; and (e) was unable to pay the remainder by November 15, 2012, which is the extension date, from the said E, the Defendant was notified of the cancellation of the sales contract on the same day if the remainder payment was not made by November 30, 2012.

Ultimately, even until November 30, 2012, the Defendant failed to pay the remainder of the sale and purchase of the said real estate to E, and accordingly, the sales and purchase contract with E was finally rescinded as of November 30, 2012, and the Defendant did not have the right to sell the said real estate again to the victim C and D, and there was no intention or ability to transfer the ownership of the said real estate to the victims.

Nevertheless, the Defendant, on December 6, 2012, sells to the victim C the land of KRW 2,419 square meters in total of KRW 2,110 square meters ($ 6795 square meters) and KRW 84,000,000,000 among G forest land in the same area as “309 square meters ($ 1,022 square meters) and 2,110 square meters ($ 6,795 square meters) prior to the date when the purchase was completed, but the said land was registered under the name of E, but there is no need to know about whether the land in fact was purchased from the said E and the transaction was completed, and there is no need to transfer the ownership of the said land if the purchase price was made.” On December 24, 2012, the Defendant made a false statement to the effect that the victim C would transfer the ownership of the said land from the victim C for the same day as the down payment, and on December 24, 2012.