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(영문) 청주지방법원 2016.09.27 2016고단1033
사기
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On April 3, 2012, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Northern District Court, and the said judgment was finalized on April 11, 2012. On December 13, 2012, the Seoul High Court sentenced the Defendant to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and became final and conclusive on December 21, 2012.

The Defendant operated C Co., Ltd and D Co., Ltd., a company that sells movable properties in planning department.

On July 7, 2008, the Defendant acquired the ownership of forest land G from the company of the Gyeonggi-do So-si, Gink-si, Gyeonggi-do, and sold it to the victim F through employees in the office of the 3rd floor D in the building in Gangdong-gu, Seoul, Seoul, 2008.

He purchases forest land of 429m2 in 87m20,000,000,000,000. The registration of ownership transfer will be made immediately after paying the purchase price.

“.” The purport was “.

However, in fact, the above woodland was not owned by the Defendant Company at the time, and the sale contract for the above woodland was concluded, and it was not possible to pay the balance in a normal way due to the shortage of company funds. Thus, even if the victim received the purchase price from the injured party, there was no intention or ability to complete the registration of transfer of ownership by taking the above woodland into account as the right to collateral security was not established immediately.

The Defendant: (a) by deceiving the victim as above; (b) received the total sum of KRW 32.4 million from the victim on July 2008; (c) KRW 50 million on July 19, 2008; and (d) KRW 87 million on August 12, 2008, including KRW 3.5 million on August 12, 2008.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Two copies of receipts, fair deed, certified copy of real estate register, and notification of cancellation of a real estate sales contract; and

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, reporting on the result of confirmation of the previous convictions in disposition, and applying the text of the judgment;

1. Criminal facts;

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