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(영문) 수원지방법원 2019.02.18 2018고단760
사기
Text

Defendant

A Imprisonment for one year, and each of the defendants C and D shall be punished by imprisonment for ten months.

However, as to Defendant C and D.

Reasons

Punishment of the crime

[Criminal Power] On July 5, 2017, Defendant A was sentenced to a suspended sentence of 6 months by imprisonment with prison labor for attempted fraud, etc. at the Suwon District Court, and the said judgment became final and conclusive on July 13, 2017.

【Criminal Facts】

- Defendant A, C, and D (2018 Highest 3776) Defendant A were the Chairman of the J Committee composed of the original residents who own housing, farmland, stables, or engaged in forestry, franchising, etc. within the accommodation site of the said Gri in the Korea Water Resources Corporation, and were living in the above Gri site. Defendant D is L's children, and Defendant C was raising the salt raising facilities in the above Gri temporarily for the purpose of obtaining the right to sell them in lots.

1. The Defendant’s fraud against Defendant A’s victim P had a right to purchase the I’s housing site with the expropriation of K-based K-based housing related to the above development project, but in around 2004, M had already been sold at KRW 20 million to M, and M was determined by the court on March 29, 2004 as to the above right to sell in lots.

On February 2, 2013, the Defendant made a false statement to the victim P, “I would sell the right to sell housing related to the house owned by him/her, and would prejudice the change of the title of the right to sell housing without a mold,” at the office of O real estate located in the Yasan-si, Ansan-si.

However, the above sales right has already been sold to M, and it has no intention or ability to make a change in the name of the right of sale to the victim finally and conclusively in the state where the person has taken a legal measure, and there was no intention or ability to cancel a contract with M or to take a measure to cancel a provisional disposition, and if the person became aware of the above facts, he did not notify the victim of such fact at all.

The defendant shall be the down payment on February 12, 2013 from the victim.

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