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(영문) 의정부지방법원 2013.09.27 2013고단422
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On December 28, 2011, the Defendant was sentenced to one year of imprisonment with prison labor for fraud, etc. at the District Government District Court, which became final and conclusive on May 5, 2012.

On November 28, 2008, the Defendant received delivery of 100 million won in Do 10 million won on December 2, 2008, Do 100 million won on the following grounds: (a) around November 28, 2008, the Defendant made a statement to the effect that “A shall have the land of 6 parcels of land outside K, but is actually owned by Na; (b) it is a land owned by Na; (c) it is a provisional registration in the name of the complainant; (d) it was immediately given a cash of 10 million won; and (e) it was delivered a check of 90 million won on December

After that, around March 6, 2009, the Defendant, within the AD Certified Judicial Scriveners Office located in Jung-gu Seoul Metropolitan Government AC, prepared a real estate sales contract to the effect that “AD will transfer ownership on March 17, 2009, where the said victim would pay the remainder of the down payment of KRW 350 million, including KRW 100,000,000,000,000,000,000,000,000,000,000,000,000 won, which was trusted in the name of his family and the members of the church, and there was no transaction.”

However, on December 26, 2006, the above real estate entered into a contract with the Defendant to purchase KRW 986 million from the former owner D on December 26, 2006, and the Defendant paid KRW 340 million as the down payment and the intermediate payment, and did not pay KRW 640 million for the remainder of KRW 640 million. Of real estate for sale purposes, there was a mortgage to secure the Defendant’s obligation 350 million in the E, F, G, H, I, and J forest for the real estate for sale purposes. Even if the Defendant received the purchase price from the victim, he did not notify the victim of the balance of KRW 640 million due to the Defendant’s failure to notify that the Defendant had the remainder of KRW 64 million due to D’s shortage of construction costs. The Defendant said that there was a debt KRW 250 million with the community credit cooperatives.

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