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(영문) 대전지방법원 2018.04.27 2017고합399
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendants shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[2] On June 22, 2012, the Defendants were sentenced to imprisonment for three years for Defendant A, and Defendant B was sentenced to two years for imprisonment and the above judgment became final and conclusive on September 13, 2012 for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul High Court.

[2] On September 5, 2007, the Defendants delegated the authority to sell to Pyeongtaek-si J and K owned by the clan to H, who was delegated with the authority to conclude a sales contract by the victim G at the F Judicial scrivener Office located in Pyeongtaek-si E, Gyeonggi-do.

The above 2 parcels of land are sold in KRW 1,382,900,000.

“Falsely speaking, I sold the said two parcels of land from A clan to G, which is the victim’s agent, with a priority given that KRW 100,000,000 shall be given at the time of entering into a contract, and KRW 782,90,000 shall be given at the time of completing the registration of ownership transfer, and the remainder of KRW 500,000 shall be transferred to the cemetery and paid the community hall after moving it to the ground of Pyeongtaek-si.

However, in fact, Defendants and D did not have been delegated with the authority to sell the above two parcels of land by the above clans, so even if they received the payment from the injured party, they did not have the intention or ability to transfer ownership lawfully.

Nevertheless, Defendants and D, as seen above, made a false statement to the victim via H, and were transferred KRW 1,182,90,000 in total to the bank account in the name of B, M, and N eight times from September 5, 2007 to September 1, 2008 by the Defendants from September 1, 2008.

As a result, the Defendants conspired with D and received property from the injured party.

Summary of Evidence

1. Defendants’ legal statement

1. Legal statement of the witness H;

1. Written statements and accompanying materials of H;

1. Before the judgment: A, B, each written reply to inquiries, such as the history of each crime, and copies of each judgment [the Suwon District Court 2008, Gohap 175, Seoul High Court.

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