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(영문) 춘천지방법원 원주지원 2014.12.10 2014고단379
사기
Text

Defendant

A shall be punished by a fine of KRW 20 million, and Defendant B shall be punished by a fine of KRW 5 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

On June 30, 2012, the Defendants conspiredd with the Defendant to the Victim E, who purchased the said forest and field and sold it to the Defendant for KRW 235 million until June 30, 2012, “The payment of KRW 299,099,09,000,000 is already prepared by the person who is obligated to pay the balance of KRW 21,50,000,000,000 for KRW 20,000 per square year.” As such, the Defendants were waiting to purchase the said forest and field in return for the down payment and expenses, the Defendants concluded that the said forest will be sold after purchasing the said forest and field and pay KRW 30,000,000 until June 30, 2012.”

However, in fact, the Defendants did not prepare for the remaining payment of the said forest land on behalf of the Defendants, and did not have any sufficient means to purchase the said forest land by paying the balance of other sales transactions, and thus did not have any sufficient means to purchase the said forest land. Therefore, even if the said forest land was invested by the victim, the Defendants did not have any capacity to purchase the said forest land at KRW 20,000 per square year. As such, even if the said forest was invested by the victim, there was no person waiting to purchase the said forest land at KRW 20,000,000 from June 30, 2012.

around June 15, 2012, the Defendants received from the victim the total sum of 27 million won cashier’s checks issued by our bank in the counter of the only bank in the mobilization building located near the subway station of Jongno-gu Seoul Metropolitan Government as down payment.

As a result, the Defendants conspired to acquire the property from the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each testimony of witness E and G;

1. Application of the respective Acts and subordinate statutes to witness A, B, H, and I;

1. Relevant Articles 347 (1) and 30 of the Criminal Act concerning the facts constituting an offense and the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

1. Article 32(1), (2), and (3) of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders and the Promotion, etc. of Lawsuits;

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