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(영문) 서울중앙지방법원 2014.03.18 2014고단643
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 2012, the Defendant concluded that “Around July 2012, the Defendant would complete the registration of ownership transfer of the said forest land within 15 days if he/she purchases the said forest land as he/she planned to be developed, such as constructing a hospital in Yangyang-gun C forest in Gyeonggi-do. If he/she purchases the said forest land as an employee, he/she would complete the registration of ownership transfer of the said forest land within 15 days.”

However, the above forest land was owned by D, and even if the purchase price was paid from the victim, the defendant thought that the defendant would use the forest land as the (ju) E's salary or the company's operating expenses. Therefore, there was no intention or ability to pay the purchase price to D or transfer the ownership of the forest land to the victim from D.

As above, the Defendant deceptioned the victim as above, and received KRW 17.5 million from the victim as the purchase price of the forest land, and acquired 2,165,00 won in total by offsetting 4.1.5 million benefits unpaid to the victim who worked in the Defendant’s company and the victim’s discount.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the details of deposits transactions;

1. B accusation;

1. A copy of a land sale and purchase contract, a copy of a written agreement, a full certificate of registered matters, a copy of a statement of performance, a copy of a passbook transaction, and a certified copy

1. The statement concerning B;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense. Article 347 (1) of the said Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although it cannot be deemed that the crime is good due to the act committed after the expiration of the period of parole for sentencing under Article 334(1) of the Criminal Procedure Act, the defendant's act is against his own act, the amount of damage, the defendant gave an economic assistance to the victim six to seven years, and the victim thereafter worked as the employee of the defendant, and the prosecution of this case was instituted after the prosecution of this case.

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