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(영문) 대구지방법원 포항지원 2018.02.22 2016고단1714
사기등
Text

[Defendant A] Defendant A is punished by imprisonment with prison labor for a year and six months.

Defendant

A 74,000,000 won shall be collected from A.

Reasons

Punishment of the crime

1. The Defendants jointly committed the crime of the Defendants purchased the land of 2,348 square meters of FJ-gu, North Korea (hereinafter “instant land”) and 2,348 square meters of G forest-based 2,348 square meters (hereinafter “instant land 2”) from H, a registered name, in the name of H. Defendant B. The Defendants suggested to the effect that “A shall notify J of the payment of the purchase price, purchase the instant land with the money of J, acquire the instant land in the name of J, and then divide it into two, and then acquire the instant land in the name of J. 2.” The Defendants agreed to the effect that “A shall bear the full payment of the purchase price, and the Defendants agreed to acquire the instant land 2 in the name of Defendant B without paying any purchase price.”

According to the above public offering, the Defendants around September 2012, about 1,420 square meters in total for the land of the said two parcels to the victim.

The sales amount was to be KRW 500,000,000 for KRW 710,000 per square year, and the purport was that the sales amount would be paid KRW 35,500,000,000, which is a half of the sales amount, would allow the acquisition of the instant land.

However, in fact, the Defendants intended to purchase the said two parcels of land from I in the aggregate of KRW 350,500,000,000,000, which is calculated as KRW 2.55 million per square year, and thus, the Defendants intended to acquire the ownership of the instant two parcels of land with the purchase price paid by the victim.

The Defendants: (a) deceptioned the victim; (b) caused the victim to pay KRW 350 million to the victim I; (c) subsequently, on September 28, 2012, registered the transfer of ownership of the instant land KRW 1775 million in the name of the Defendant B; and (d) exempted the victim from paying the purchase price by receiving the registration of the transfer of ownership of the instant land KRW 2,000,000 from paying the purchase price.

2. Defendant A

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) 1 is a person who runs a brokerage business under the trade name of K, and the J is as described in paragraph 1.

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