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(영문) 대구지방법원 김천지원 2012.11.14 2011고단867
사기
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

Punishment of the crime

[2012 Godan131] From May 16, 2005 to August 31, 2009, C served as the director general of the corporate office or the director general of the reserve forces of the Daegu DD D D D D D D D D DD, and the Defendant, from around 2002 to August 31, 2009, engaged in real estate consulting business under the trade name B, Dong-si, Dong-si, Dong-si, Dong-si, and C and the Defendant, as if C had the power to dispose of the land owned by the said D D D DD, planned to use the purchase price from the buyer for the payment of the existing debt.

1. The Defendant against the victim G introduced that C had the authority to dispose of the land through H, a broker, through the above public invitation, as if C were to sell the land of 100,000 square meters, including Gohap-gun I and 20,000 square meters, to the victim G. On March 31, 2009, C presented the power of representation on the payment of inheritance deposits to the victim at the corporate office of the above D University on March 31, 2009, and C was under the name of J, K, and L corporate body M among the land of 100,000 square meters, including I and 20,000 square meters, and the remaining land is under the name of F, a founder of the D University, who is the director of the D College-gun corporate office, and is authorized to sell the land with the authority delegated by N, and as a matter of principle, C would sell the said land within the period from March 31, 2009.

However, in fact, C does not have been delegated with the authority to sell and purchase the above land by M and N, and the above power of delegation was not related to the disposal authority of the above land. Since land in M among the above land was real estate that cannot be provided as sale, transfer, security, etc. to an individual as the basic property of the school juristic person, C has the intention or ability to transfer the ownership of the above land to the victim even if it receives the purchase price from the victim.

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