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(영문) 의정부지방법원 2019.10.18 2018고단3721
사기미수등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The Defendant attempted to commit fraud: (a) around October 12, 2015, the Do Government District Court located 23, Dayang-ro 34, Mayang-ro, 2016; and (b) around October 12, 2015, the Defendant agreed to sell the Plaintiff’s land of Gyeonggi-gun, Gyeonggi-gun, and four parcels (hereinafter “the instant land”). By October 28, 2015, Plaintiff A paid KRW 950 million to B, which is part of the down payment, intermediate payment, and remainder; (b) upon receipt of the remainder of the remainder by November 20, 2015, the Defendant was obligated to perform the procedure for ownership transfer registration for the instant land; (c) on the other hand, D, upon request from the Plaintiff for sale and purchase registration, filed a lawsuit against the Defendants for the sale and purchase registration of the instant land; and (d) Plaintiff A, by November 20, 2015, upon receipt of ownership transfer registration for the instant land.

However, in fact, the defendant allowed E (the husband of B) who is the actual owner of the land in this case to sell and purchase the land in this case with the victim Eul, and the defendant asserted the above false facts and filed a lawsuit lawfully based on the above sales contract, thereby deceiving the court, and attempted to acquire the land in this case by obtaining the judgment in favor of the plaintiff, but the above judgment did not have been pronounced, and did not perform such intent.

2. Around June 9, 2016, the Defendant entered into an agreement with the Government District Prosecutors’ Office located in 23 Dayang-ro 34-ro Mayang-ro 23, Mayang-ro 34, Mayang-ro, Ma, B, and E to sell the instant land to A, the complainant, at least 1.5 billion won. A, the complainant, until October 28, 2015, sells the said land to E, which is part of the down payment, intermediate payment, and remainder, 90 million won.

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