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(영문) 춘천지방법원 2017.05.24 2016고단1270
사기
Text

Defendant

A and B Imprisonment for six months, and Defendant C shall be punished by a fine of 5,000,000 won.

Defendant

C The above fine.

Reasons

Punishment of the crime

1. Defendant A and Defendant B, around April 22, 2013, were owned by Defendant A with the representative H of the branch of the Gangwon-gu branch of the Gangwon-gu branch of G Daecheon, but they concluded a delegation contract with the latter owner to proceed with the lawsuit for the registration of transfer of ownership on the land whose owner had been changed. Defendant A and the Defendants were willing to sell in advance the land entitled to contingent remuneration in order to prepare for the purchase price, etc. of other land to be purchased by Defendant A at the time.

On June 11, 2013, the broker requested by the Defendants, at the office of the "J-authorized Broker Office" located in Chuncheon City I, the defendant Eul, according to the end of the defendant Eul, "A attorney tried to file a lawsuit for the transfer of ownership against the land owners who were owned by the clan in his/her place for a clan," and he/she received two parcels of land from the clan, such as Chuncheon City M, N, etc., as a successful remuneration.

It is almost certain that winning 90-100% will transfer ownership within 12 months.

If a person fails in a lawsuit, he/she would pay the purchase price and 3% interest thereon within one month, and Defendant B made a false statement to the same effect as the victim at the A's law office located on the fourth floor of the Chuncheon O building on the same day.

However, in fact, Defendant A entered into a delegation contract as above and decided to proceed with the ownership transfer lawsuit against P, etc. on behalf of the same clan, but the specific plan to institute the lawsuit has not yet been established, and the ownership of 40% shares to be received as the successful remuneration can only be received after all the lawsuit becomes final and conclusive, and the land subject to the lawsuit was not specified, so Defendant A did not have the intention or ability to transfer the ownership of the above land, and if the lawsuit was lost, Defendant A did not have any special property, and therefore, Defendant A did not have the down payment and interest.

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