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(영문) 서울북부지방법원 2019.08.28 2018고단1887
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant, as a member of the clan B, had a letter of donation of the 3,000 square meters, which is owned by the clan C, Seocheon-gun, Chungcheongnam-gun, which is a member of the clan, to sell it without permission.

On November 21, 2012, the Defendant, in E’s real estate located in Seocheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-do, sold KRW 180 million in total to the victim F. The Defendant concluded that “The land is owned by Category B, but actually owned by the Defendant, is a land safe for sale.”

However, in fact, in order to sell the above land, the rules of the clan or the resolution of the general meeting of the clan did not follow but did not follow the resolution of the general meeting of the clan, so the defendant did not have the right to dispose of the land. Since the defendant was forged, the resolution of the general meeting of the clan necessary for the registration of the transfer of ownership of the above land was also forged, there was no intention

As above, the Defendant, by deceiving the victim as above, obtained a total of KRW 180 million from the victim as the purchase price on the same day, and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Statement made by a witness H in the third protocol of the trial;

1. A protocol of suspect examination of the police officer regarding I;

1. Each police statement to J and K;

1. Application of Acts and subordinate statutes governing a real estate sales contract, accusation, letter of complaint, donation, transfer of ownership, summary order, etc., resolution, certificate of personal seal impression, agreement, and indicating members present;

1. Determination as to the assertion by the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, the defendant who is selected to imprisonment and his/her defense counsel

1. The Defendant, around August 9, 1997, purchased the C3,000 square meters (hereinafter “instant land”) in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and engaged in a clan around 36 million won.

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