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(영문) 인천지방법원 2018.09.06 2017고단8180

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 26, 2011, the Defendant sold a 1322 square meters away from the 7815 square meters of H-gun G (the same administrative district omitted) of the 7815 square meters of the 7815 square meters of the dead forest land to the victim D, E, and F who intends to build electric housing in the office located in the office located in the Nam-gu Incheon Metropolitan City, Nam-gu (hereinafter the same administrative district omitted) (hereinafter “the Subdivision procedure was completed on June 11, 2011 and registered as I”; hereinafter “the instant forest”) to the purport that the victims would not interfere with the construction of the instant forest.

However, the fact is that at the time, J-owned K-road 623 square meters (hereinafter “instant road”) is used as an access road, which is the neighboring land of the instant forest. However, the Defendant did not intend to acquire the ownership or right to use the instant road against J, and thus, there was no intention or ability to open the access road to the instant forest.

Nevertheless, the Defendant, as seen above, received 16 million won as the down payment from the victims, namely, from the victims, as the down payment, and 10 million won in total from the M judicial scrivener office located in Incheon L on May 15, 201 to receive 100 million won as the balance, respectively, and acquired 16 million won in total.

Summary of Evidence

1. Legal statement of the witness N;

1. A real estate contract, a letter of commitment, a certified copy of each registry, a written consent to the use of sewage pipes, etc.;

1. As the Defendant did not still resolve the access road problem even after receiving the payment in full as the seller’s position in the position of the franchisor, even though the Defendant did not raise a civil or criminal objection if the access road was not implemented on July 6, 201, the instant road and the access road to the victims including the instant road have not been provided for more than five years after the lapse of five years.

In using and earning profit from the forest land of this case, the defendant is the road of this case.