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(영문) 춘천지방법원 강릉지원 2018.06.20 2017고단832
사기등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

"2017 Highest 832"

1. The fraud Defendant introduced the E and F (hereinafter “the instant mountain”) from D upon request by D to D upon receipt of the request. D and G decided to purchase the instant mountain. Around 20 years prior to the Defendant’s introduction from around July 2016, the victim H, known to the Defendant, invested KRW 110 million as the purchase fund to enjoy sales gains on the instant mountain.

On February 2, 2017, the Defendant: (a) knew of the fact that D and G wanted to sell the instant mountain at KRW 700 million to the Defendant; (b) attempted to obtain the difference of KRW 100 million from the Defendant to the Defendant; (c) made a false statement to the effect that “the Defendant would obtain profits from sales by selling the instant mountain at KRW 800 million later by selling the instant mountain at KRW 80 million,” at a coffee shop near the bus terminal located in the Nam-dong, Young-dong, Sejong-si; and (d) made a false statement to the effect that “the Defendant would enjoy profits from sales by selling the instant mountain at KRW 800 million later.”

On February 24, 2017, the Defendant provided KRW 350,000,00 as the purchase fund by receiving KRW 350,000 as the purchase fund from the injured party, and used it as the purchase fund. On March 24, 2017, the Defendant stated that “On February 24, 2017, the Defendant used the remainder of real estate excluding KRW 350,000,000,000 used as the purchase fund, KRW 110,000,000,000,000,000,000,000,000 is necessary as the remainder of real estate excluding KRW 20,00

However, in fact, since the mountain of this case was KRW 70 million, the victim did not have the intention or ability to use the remaining KRW 100 million as the purchase fund for real estate because it was necessary to use only KRW 40 million as the balance.

On March 15, 2017, the Defendant, by deceiving the victim, received KRW 188,00,000 from the victim, under the pretext of the balance of real estate and acquisition tax, from the victim, and acquired the balance of real estate 100,000 won by cash.

2. On February 27, 2017, the Defendant altered a private document, “The instant land.”

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