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(영문) 울산지방법원 2013.05.02 2012고단519
사기
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2004, the Defendant: (a) caused D to purchase the forest land of Ulsan-gun, Ulsan-gun, Ulsan-gun, 68,628§³ (hereinafter “the forest land of this case”) at KRW 30 million; and (b) around that time, D knew that the forest land of this case is not worth being invested; (c) requested D to return the said KRW 30 million via repurchase from D or sale to a third party; (d) had the victim E, who became aware of the forest land of this case by chance on January 2005, to purchase the forest land of this case and obtain the difference from the victim of this case.

On February 25, 2005, the Defendant falsely stated that “The Defendant would handle all necessary procedures, such as ownership transfer registration, etc., on the face of the week, because the forest and field of this case is calculated as KRW 5,000 per square meter, and the total amount of KRW 100 million is calculated as KRW 5,00,000 per square meter.”

However, since the forest land in this case is a blind site and there is almost little slope in the transaction, there is little investment value, and the appraisal value of the forest land in this case is less than 17 million won, and only 30 million won is paid to D who is the previous owner, and the defendant is thought to acquire the remainder of 70 million won.

As above, the Defendant, by deceiving the victim as above, received KRW 100 million from the victim as the purchase price for forest land in the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each of the Acts and subordinate statutes on witness E and D's statutory statements;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the execution of a sentence shall be suspended only once, taking into account all the circumstances, such as the fact that the victim seems not to have any problem, and the relationship between the defendant and the victim, etc.) or higher than the victim under Article 62(1) of the Criminal Act;

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