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(영문) 서울중앙지방법원 2018.05.03 2018고단1299

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 6, 2015, the Defendant was sentenced to one year and six months of imprisonment with prison labor and three years of suspended execution due to the re-election of electronic records, etc. at the Seoul Central District Court on August 6, 2015, and the judgment became final and conclusive on August 14, 2015. On February 23, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor and two years of suspended execution, and the judgment became final and conclusive on December 30, 2016.

The defendant selected both male and female children from among those who raise not less than two children without their spouse due to reasons such as divorce with E, F, G, etc., requiring them to make a marriage report even though they do not have actual marital intent, and have them maintain their marital status only on the documents, thereby raising the number of dependants. The defendant, from them, purchased a savings certificate issued by a parent to subscribe for an apartment and applied for an apartment, and then divide the right to sell the apartment, and divide profits from selling the right to sell the apartment. The defendant, as long as they raise multi-child, recruited the head of the parent family to purchase the savings certificate, G recruited the above head of the household, while making a false marriage report as a witness of marriage, and the defendant and E, etc. shall act as a member of the right to sell the apartment.

The Defendant, E, F, G, etc. received special sale of J Apartment 202 Dong 203, J apartment under the name of H on August 19, 2014 through the false marriage report between H and I in accordance with the above public offering, and on September 4, 2014, the victim M(49 tax) in the L real estate located in Seocho-gu Seoul Metropolitan Government K was “J apartment sale premium is KRW 145 million, and there is no defect in the right to sell.

The phrase “ makes a false statement.”

However, in fact, the above sales right was a defective sales right that can be cancelled if it is discovered that the special sales right was obtained by false marriage between H and I as seen above.

The defendant, E, F, G, etc. received 145 million won from the injured party as the purchase price for the sale right and acquired it by fraud.