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(영문) 수원지방법원 안양지원 2017.05.12 2015고단1480

사기

Text

Defendants shall be punished by imprisonment for ten months.

Reasons

Punishment of the crime

[criminal record] On December 20, 201, Defendant A was sentenced to imprisonment with prison labor for six months for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Cheongju District Court’s Cheongju District Court’s Assistance, and the judgment became final and conclusive on December 28, 2011.

Defendant

B On September 10, 2008, the Seoul Eastern District Court sentenced 8 months of imprisonment to be a crime of fraud, which became final and conclusive on September 18, 2008.

In addition, on August 9, 2010, the Seoul Eastern District Court sentenced eight months of imprisonment for fraud at the Seoul Eastern District Court on August 17, 2010, which became final and conclusive on August 17, 2010. On January 23, 2014, the judgment was sentenced to three years of imprisonment for fraud, etc. at the Suwon District Court, and became final and conclusive on February 4, 2014.

[Criminal facts] The Defendants became aware of each other in the process of removing buildings and disposing of wastes through their friendship.

On December 7, 2007, the Defendants drafted a letter of intent to sell real estate between G (State) and H (G) having the intent to purchase the said site by January 31, 2008, with respect to the site owned by Jung-gu Incheon Central District Government G (State). However, the Defendants knew that, as the above (G) H’s financial capacity was insufficient, the sale and purchase of the said site exceeded the above term of validity, and thereby, G (State) withdraw all plans related to the sale and purchase of the said site and was impossible to remove the said site.

Nevertheless, Defendant B, who promoted with the above (G) and promoted with H, had the right to remove a factory in the above site, prepared a contract for the removal construction work as if Defendant A had the right to remove the above site, and had the intent to sell the above real estate until September 31, 2008, and had the right to remove the factory in the above site, followed as if Defendant B had the right to remove the factory in the above site, received money from Defendant I.

Accordingly, on June 14, 2008, Defendant A is at the K Office operated by the victim located in the GJ in Gwangju-si, Gyeonggi-do.