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(영문) 서울중앙지방법원 2016.11.30 2016고정947
사기
Text

Defendant

A A shall be punished by a fine of 4 million won and by a fine of 1.5 million won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

On October 1, 2010, A was sentenced to two years of imprisonment with prison labor for occupational breach of trust at the Seoul Central District Court for six months, and the judgment was finalized on December 25 of the same year. On June 23, 2011, Defendant B was sentenced to ten months of imprisonment with prison labor at the Seoul Central District Court for fraud and two years of suspended execution, and the above judgment was finalized on June 30, 2012. On September 13, 2013, the Seoul Central District Court sentenced one year of imprisonment with prison labor for fraud, etc. and became final and conclusive on December 12, 2013.

around July 9, 2009, the Defendants stated to the effect that “E owns H in Gyeonggi-gun, Gyeonggi-do, and has a lot of land value after a few years,” the Defendants held that “E will transfer ownership of 660 square meters of land among them” to the victims G via E office in Gangnam-gu, Seoul, Seoul, via F, an employee.

However, on September 18, 2009, E entered into a sales contract with respect to all H 148,760 square meters of forests and fields, but it was not possible to pay the purchase price. On November 3, 2009, H Ha forest was divided into three parcels: I (49,587 square meters), J (49,587 square meters), and K (49,587 square meters). Since all of the three parcels divided as above are unable to be purchased, the ownership transfer was limited to one parcel of forest and field as divided, and as to the above two parcels intended to be purchased thereafter, E had a considerable debt, and there was no intention or ability to force the owner to transfer the registration of the said land.

The Defendants conspired to induce the victim as such, and received a total of KRW 16 million from July 30, 2009 to August 21, 2009 from the victim.

Summary of Evidence

1. Defendant A’s legal statement

1. Legal statement of witness G;

1. A complaint;

1. Each police statement concerning G and F;

1. A land sales contract, a delivery receipt, a notarial deed of land sale price, and others;

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