beta
(영문) 수원지방법원 2015.03.18 2013고단1066 (1)

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On October 29, 2010, the Defendant was sentenced to one year of imprisonment with prison labor for the crime of forging private documents at the Seoul Central District Court on January 21, 201, which became final and conclusive on January 21, 201. On January 13, 2012, the Seoul Northern District Court sentenced two years of suspension of execution to one year of imprisonment with prison labor for the crime of uttering of forged public documents, etc., and became final and conclusive on January 21, 2012.

[2013 Highest 1066] On May 7, 2009, the Defendant and C made a false statement to the E Office located in Gangnam-gu Seoul Metropolitan Government D Building 4th floor, and to the G, the representative of the said company, and the victim H, the employees of the said company, stating, “If 100 million won is paid with the money for the sale and purchase of the land, the ownership of the land was transferred within two weeks, and the balance will be resolved with the money for the loan as security. The purchase of the land and purchase of the land, and the sale and purchase of the house will bring a lot of profit.”

However, in fact, the defendant and C were not aware of the actual owner because it is unclear whether the ownership of the above real estate belongs to, and legal relations such as the establishment of a provisional injunction against disposal of the above real estate have been complicated and transferred the ownership of the above real estate properly, and there was no intention or ability to sell the above real estate.

The defendant and C are the same month from the victim H as a down payment.

8. The receipt of a remittance of KRW 100 million to the account in the name of the defendant.

As a result, the defendant and C were provided property by deceiving the victim H in collusion.

[2013 Highest 5233] The Defendant and C had a usual monetary transaction with the victim K, and the Defendant and C had a mind to acquire money by deceiving the money as if they could purchase the land at the time of tolerance to the said K in a low manner.

The defendant and C around November 13, 2008 at the office of the certified judicial scrivener in charge of the defendant's operation of Songpa-gu Seoul Metropolitan Government M& 302, "44 square meters of land N in Yongsan-si 260,000,000,000 won, and there is an agreement with the heir.