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(영문) 수원지방법원 여주지원 2016.02.17 2015고단118
사기
Text

Defendant

A and B shall be punished by imprisonment with prison labor for one year, and by imprisonment for eight months, respectively.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 6, 2010, the date when the Civil Act was enacted, the Defendants: (a) used the fact that the scope of the heir varies as of January 1, 1960, the day before and after the enactment of the Civil Act; (b) used the fact that around October 6, 2010, the scope of the heir was changed; (c) the Defendants conspired to sell the said inherited land in installments by selling the said land to the legitimate heir on the land of 11,763 square meters of land in the wife population Jinsi-si of the Sin-si of the Sin-si of the Sin-si of the Sin-si of the Sin-si of the Defendant C (hereinafter referred to as “land in question”); and (d) there were 28 co-inheritors, C, L, M,O, P, Q, and R (hereinafter referred to as “nine persons, including Defendant C, etc.”) as the legitimate owner of the said inherited land.

Accordingly, on February 25, 2011, the Defendants pretended that the above inheritance registration has been duly completed, and concluded a sales contract with the victim V by the U representative of the nominal owner who purchased the shares of 198/286 out of the inherited land by designating the seller as the seven persons, including Defendant C, etc. (excluding M and N, among the nine persons, Defendant C, etc.) and designating the seller as the purchase price of 394 million won, and concluding the sales contract with the victim of U representative of the nominal owner who purchased the shares of 394 million won in the purchase price.

3.4. At around 194, U.S. made a registration for the transfer of ownership for the above shares.

However, in fact, on July 10, 1962, the deceased on July 10, 1962, and the co-owner of the inherited land was the deceased relationship between Defendant C, etc. and Defendant C. However, the Defendants did not notify the above fact to the victim, and only nine persons, including Defendant C, were deceiving the above victim as if only nine persons, including Defendant C, were the legitimate owner of the inherited land.

Ultimately, the Defendants conspired to deception the said victim as such, and acquired the said victim’s money from the victim as the down payment on February 25, 201, with a total of KRW 394 million, including KRW 344 million, under the remaining circumstances around March 4, 2011, from the victim, and acquired the money by deception, by obtaining KRW 50 million from the victim as the down payment.

Summary of Evidence

1. The respective legal statements of Defendant B and C

1. The defendant A's partial statement

1. Each legal statement of witness C, N, B, V, and W (limited to Defendant A);

1. Defendant A

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