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(영문) 인천지방법원 2014.11.20 2014고단3643
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant and E, around May 2007, at the G office operated by the Defendant in Gyeyang-gu Incheon Metropolitan City, made it clear that “K” as stated in the Defendant’s written indictment is a clerical error. The land of approximately 60,000 is owned by J Co., Ltd., and G Co., Ltd. is the building permit and developer of the relevant site. Since the G Co., Ltd. planned to sell apartment on the relevant site, it can be seen that the land would be sold at a low price at a pre-sale level. Among them, the 800 square meters would be purchased at KRW 1.2 million per square, the total price of KRW 96,000,000,000,000 won, and the intermediate payment would be treated as a secured loan if the remainder payment would be received by November 5, 2007, which is the outstanding payment date.”

However, the above I land was jointly owned by J Co., Ltd. and several persons, and a provisional registration was made on March 15, 2004 regarding the co-ownership share 272851/416379 of the above real estate on the ground of a pre-sale agreement on March 15, 2004. However, due to a complex dispute between J Co., Ltd and L, there was a considerable limitation on the purchase of the above land and the exercise of rights, and the Defendant and E did not make any effort to obtain a construction permit within a short period. Moreover, there was no prospect to obtain a construction permit within a short period. Moreover, the money received from the victim was paid only to the landowner, and it was thought that the remaining money was used individually by the Defendant and E, so even if receiving the money from the victim, there was no intention or ability to keep the profits from the sale or

Accordingly, the defendant and E conspired by deceiving the victim as above, and the victim's account from the victim to E in the name of contract deposit and intermediate payment is KRW 90 million on June 4, 2007, KRW 100 million on June 5, 2007, and KRW 100 million on June 7, 2007.

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