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(영문) 대구지방법원 서부지원 2017.10.20 2016고단2273

사기등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

around December 20, 2005, the Defendant entered into a contract with the victim F to purchase KRW 1.299 billion forest land equivalent to KRW 25,000,00,000 located in Gyeongbuk-si, Daegu-gu, where the Defendant works for the Defendant on December 20, 2005. The Defendant changed the investment of KRW 100,000,000 in cash. The Defendant would return the land to KRW 130,000,000 in cash for four months.

“False speech was made to the effect that it was “.”

However, in fact, the Defendant had no intention or ability to return KRW 130 million, even if he received money from the injured party, because the Defendant was planning to use the invested money from the injured party to purchase other real estate than the said forest, while he was liable to pay KRW 170 million at the time.

As such, the Defendant, by deceiving the victim, received money from the victim, from the victim, 50 million won via the Daegu Bank Account (Account Number:H) under the name of the Defendant on the same day as the investment money, and 50 million won in total and 100 million won in the same account on December 21, 2005.

On November 11, 2005, the Defendant concluded a sales contract with one other, including L, for 1/2 shares of 66,115 square meters of K-si K-si K-si K-si K-si K-si K-si, which is owned by the Defendant, at the “J” restaurant located in Gyeongbuk-si, Chungcheongnam-si.

On the date of the contract, the Defendant and the victim agreed to exchange the remainder down payment of KRW 10 million, KRW 20 million on November 14, 2005, KRW 20 million on December 25, 2015, and KRW 120 million on December 25, 2015 (the remainder shall be reduced to KRW 15 million) due to the payment of the documents required for the registration of ownership transfer as to the above real estate shares.

In accordance with the above agreement, the defendant paid KRW 10 million on November 1, 2005, the remainder of the down payment of KRW 20 million on November 14, 2005, the remainder of the down payment of KRW 45 million on November 14, 2005, the remainder of KRW 25 million on December 26, 2005, the remainder of KRW 20 million on December 26, 2005, the remainder of KRW 30 million on December 27, 2005, and the remainder of KRW 20 million on January 3, 2006, and the sum of KRW 145 million in sales proceeds, including the remainder of KRW 20 million on January 3, 2006, respectively. < Amended by Act No. 7894, Nov. 14, 2006>