특정경제범죄가중처벌등에관한법률위반(사기)
Defendant
A shall be punished by imprisonment for not less than two years and six months.
Defendant
B shall be innocent.
Defendant A, in collusion with E and F on behalf of name, planned to sell land by deceiving the buyer as if Defendant A, the same person, was the owner, by taking advantage of the fact that the owner’s resident registration number did not appear on the copy of the registry at the time of registration of ownership transfer of real estate or registration of ownership transfer, prior to the amendment of the Registration of Real Estate Act in 1984, by using the fact that Defendant A did not appear on the copy of the registry at the time of registration of ownership transfer of real estate.
As above, the Defendant did not have the intent or ability to dispose of the instant land because it was not the owner of the instant land. However, in April 2015, F and E accessed the victim I, who was the seat of F and B, to intermediate the purchase of land, and the Defendant was committed as if he were the landowner.
On April 22, 2015, the Defendant: (a) by deceiving the victim as such; (b) transferred KRW 50 million from the victim’s bank account in the name of the Defendant to the account of the National Bank (J) on April 22, 2015; (c) concluded a real estate sales contract with the victim for the land of this case at K Hotel located in Songdo Incheon on the 28th of the same month; and (d) transferred KRW 100 million out of the down payment to the said account; and (c) received the remaining down payment KRW 150 million from the down payment to the said account on April 30, 2015; and (d)
6.10. The receipt of remittance of intermediate payment of KRW 200 million from the account of a national bank (L) in the name of the defendant, and the same year;
4. 28. E is issued 50 million won by victim as a cashier's check under the pretext of brokerage commission, and E is issued by the same year.
4. 30. 30. 10 million won with the account (M) in the name of an enterprise bank in the name of B as a brokerage commission, and the same year.
5.8. The above account was remitted to KRW 35 million on the 13th day of the same month, KRW 30 million on the 14th day of the same month, and KRW 25 million on the 14th day of the same month, and acquired by defraudation KRW 650 million in total.
Summary of Evidence (Defendant A)
1. Defendant's legal statement;
1. Legal statement of a witness I;
1. Each prosecutor's office and police statement concerning I;
1. The victim of the investigation report;