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(영문) 서울북부지방법원 2014.01.14 2013고단1396

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From August 30, 2006 to December 31, 2007, the Defendant operated the said company as the representative director of D Co., Ltd. for the purpose of real estate sales business, etc., and on August 25, 2010, the Seoul Central District Court sentenced two years of suspension of execution on October 30, 2010 to the violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name. < Amended by Presidential Decree No. 22426, Oct. 30, 2010>

around June 2006, the Defendant established the said company on August 30, 2006 to verify the fact that Hongcheon-gun E-gun, Hongcheon-do and 471,302 square meters of forest land and F forest land and 113,227 square meters of forest land have come from each other, and to purchase the said land in the future of the corporation.

On November 30, 2006, the Defendant purchased the above land at KRW 1120 million and completed the registration of ownership transfer following the completion of the registration of ownership transfer, and agreed to pay certain fees to the business employees following the sale performance. The Defendant, through the above business employees who know of the circumstance, attempted to acquire the above land as a growing complex and to acquire the money by deceiving purchase of the above land as if he would planting the lost trees, etc. on the above land.

On December 2, 2006, the Defendant: (a) from the office of the Defendant Company on the third floor of the Seocho-gu Seoul Nbuilding in Seocho-gu, Seoul, via O, P, and other employees of the Defendant Company, the Defendant: (b) sent the victim Q and R by telephone to the victim Q and R, “The above land will carry out a forest project by entrusting it to the Hongcheon-gun Forestry Cooperatives Association; and (c) in 2007, it would be possible to transplant seedlings, such as landscape trees and loss trees in spring in 2007. On the other hand, the purchaser would be able to collect money and pay 40% of its profits to its members if there are profits by harvesting lost trees.” (c) On the other hand, promotional materials, such as notices stating the above purport, were sent to Q by mail to the victim Q, and to the victim R by facsimile by facsimile, respectively.

However, the above company operated by the defendant is above the forestry association of Hongcheon-gun.