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(영문) 대구지방법원 경주지원 2013.08.06 2012고단1168
사기
Text

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

Reasons

Punishment of the crime

On July 2005, the Defendant stated that “The Defendant would purchase at an appropriate price in consultation with the seller’s side if he prepares a power of attorney to purchase the land at a reasonable price with the victim E and F, the victim E and F, who had been operated by the Defendant in the racing-si.”

Although the Defendant agreed to enter into a sales contract with H, the owner of the instant real estate, as an agent of the victims after obtaining a power of attorney regarding the purchase of the instant real estate from the victims, and agreed to enter into a sales contract with H as KRW 900 million, the Defendant presented to the victims a sales contract in the name of H, which entered into a sales contract with the amount of KRW 1,50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

However, in fact, the sales contract that the defendant shown to the victims was a false sales contract prepared by forging the name of H, a seller, and the defendant thought that the defendant will acquire 1.5 million won out of the sales price of the above 1.055 million won received from the victims.

On October 5, 2005, the Defendant received KRW 100 million from the victim E to the Daegu Bank account in the name of the Defendant, and transferred KRW 50 million to the Daegu Bank account in the name of the Defendant on October 11, 2005, and around December 9, 2005, the Victim F made the victim F deposit of KRW 280,000,000 in the name of H, one bank account in the name of H, the same day, I, and the J, and received cash and checks equivalent to KRW 50,000 in the remainder on the same day.

As above, the Defendant paid 50 million won to H around October 13, 2005, out of the purchase price of KRW 1 billion from the victims, and paid 50 million to H around December 9, 2005.

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