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(영문) 울산지방법원 2018.04.13 2017고단3857 (1)
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who actually operates D, a corporation with the main focus on the so-called “Planning real estate business” business, which purchases land and recruits many unspecified customers and resells them in the form of land division or co-ownership.

The Defendant did not specifically carried out props work, such as the sale and purchase contract, with respect to the land B in Ulsan-gun, and D, on the contrary that it is required to pay the amount of not less than KRW 30,400 per month for employees’ benefits and office expenses, etc., which are employed by the telecomter, on the land in Ulsan-gun, and on the other hand, it is difficult for the buyer to be aware that even if he was paid the purchase price for re-sale of the land from the buyer even if he was paid the purchase price for the land, he actually acquired the said land from the F and completed the registration of transfer of ownership. However, despite the fact that it is difficult for the buyer to obtain the sale price for the land in fact, the Defendant

1. On January 20, 2017, the Defendant against the victim G would normally register the transfer of ownership with respect to the victim G at the D office located in Ulsan-gu, Ulsan-gu, Seoul-gu, and the second floor of H and the second floor on the following grounds: “If the purchase price is fully paid, the Defendant would normally register the transfer of ownership with respect to the forest E in Ulsan-gun, Ulsan-do, the company’s ownership.

The phrase “ makes a false statement.”

However, in fact, the Defendant did not own the pertinent land as above, and was planned to cover the money received from the said victim with the company’s operating expenses, etc., so there was no intent and ability to register the transfer of ownership of the said land.

Nevertheless, the Defendant: (a) by deceiving the victim G as above; and (b) transferred KRW 4 million to the Agricultural Cooperative Account (I) in the name of the said victim as the down payment on the same day; and (c) KRW 38 million to the said account as the remainder on the 25th day of the same month, respectively.

Accordingly, the defendant G.

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