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(영문) 인천지방법원 2016.09.29 2016고단1418
사기등
Text

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

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

Reasons

Punishment of the crime

1. On June 18, 2015, the Defendant entered into a sales contract with the Defendant and G for approximately KRW 2/3 equity of KRW 11,108 square meters in total 1/3 equity of 1/3 equity of each of 1/3 equity in the victim D, E, and Incheon Strengthening Group F, and the Defendant entered into a sales contract with the Defendant and G for KRW 634,400,000,000. “after completion of the division, the seller immediately after completion of the division, submitted a letter of consent and seal to use the road to the buyer, submitted a seal to the buyer, and made a regional right to the H, which is adjacent to the entry into the land, and made a special agreement with the buyer as the contractual interest.

However, at the time, the Defendant did not obtain consent from G to the sale of the above land, and I, a co-owner, opposed to the payment of road on his own land, and the Defendant was scheduled to receive down payment and use it as a plan to pay personal debts, etc., so there was no intention or ability to perform it even if concluding the above contract with the victims.

As such, the Defendant, by deceiving the victims, received each transfer of KRW 45 million to a new bank account in the name of the Defendant under the name of the victim E and D, under the same day down payment.

Accordingly, the defendant deceivings the victims, and acquired a total of KRW 90 million from the victims.

2. Although the Defendant entered into a sales contract with E and D and the above real estate amounting to KRW 634 million, as stated in the foregoing paragraph 1, the Defendant had decided to enter into a new real estate sales contract at will to submit it to the Agricultural Cooperative Asset Management Corporation to obtain a loan granted as security by reporting the purchase price less than KRW 634 million.

On June 21, 2015, the Defendant was at the office of the Defendant located in the J of Incheon, Incheon, and at the site of the “real estate transaction contract”, the Defendant used a computer in the “location of real estate” column.

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