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(영문) 서울남부지방법원 2020.02.19 2019고단2316
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On January 28, 2013, the Defendant entered into a contract with the victim D to sell Seocho-gu Seoul E Apartment F in the purchase price of KRW 239 million, in the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Real Estate Introduction Office.

However, the above E apartment F had no intention or ability to transfer the ownership of the above E apartment F to the victim in a normal manner, even if the purchase price was paid from the victim, by forging a power of attorney in the name of the defendant, a sales contract with the third party, and then completing the registration of ownership transfer in the name of H.

Nevertheless, the Defendant, who is a legitimate owner of the above E apartmentF, received KRW 20 million as the down payment per contract date by the victim. On February 23, 2013, the Defendant received KRW 219 million as the remainder, and acquired KRW 239 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the protocol of statement of the police officer with I;

1. Investigation report (person for reference D telephone communications);

1. Court rulings (registration of cancellation of ownership) and sources of final and conclusive certification;

1. A certified copy of the register (E apartment);

1. A written autopsy and a death report;

1. Application of Acts and subordinate statutes on a real estate sales contract;

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the Criminal Act, the Defendant’s reason for sentencing the sentence of imprisonment with prison labor is that the instant apartment was registered as the owner by means of the registration of transfer of ownership over the invalidity of cause based on the forged documents after the death of the deceased. Since then, the instant apartment was sold to D by the said victim D to I.

Since then, in the lawsuit for cancellation of the ownership transfer registration filed by the true heir, the judgment of winning the heir becomes final and conclusive, and the registration of invalidity of the cause was cancelled in sequence D and I.

The victim of the instant crime directly committed by the Defendant is D or D.

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