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(영문) 수원지방법원 평택지원 2012.09.20 2012고단138
사기
Text

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

Reasons

Punishment of the crime

Around February 22, 2005, the Defendant, as an attorney-at-law, stated that “A victim C was entrusted to sell 6,600 square meters out of F’s equity interest from the heir F of the deceased E, who is a co-owner of 3,023,003 square meters of land D in Ansan-si, on the part of the attorney-at-law in charge of the Defendant’s operation in Pyeongtaek-si B, and would sell the purchase price of KRW 200 million.”

On March 2, 2005, the Defendant stated that “The Defendant, at the above attorney-at-law office, obtained F’s share from F in terms of the cost of filing a divisional lawsuit,” the Defendant said that “The Defendant would sell 725 square meters out of the equity shares of the heir E, a co-owner of G 81,718 square meters in Ansan-si, a co-owner of the G 881,718 square meters in Ansan-si, an additional purchase and sell 60 million won in Jeju-do.”

However, in light of the fact, around 2005, the Defendant was delegated by the deceased E’s heir F, etc., who is the co-owner of the above forest land D and G, to transfer the registration of transfer of ownership by dividing the above forest land, and did not have been delegated by F, etc. at the time, to sell the above forest land divided by F, etc., and there was no fact that F, etc. was entrusted by F, etc. with the litigation related to the division of the above forest land, and there was no fact that F

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 100,000 from the victim a sum of KRW 260,000,000,000,000,000 as the remainder on February 22, 2005, under the pretext of contract deposit and intermediate payment, around March 2, 2005, and around March 9, 2005.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of C, H, I, J, and K;

1. Examination protocol of the accused by prosecution;

1. Each prosecutor's statement concerning C and K;

1. Each police statement made to H, I, and J;

1. Application of statutes on a real estate sales contract, receipt, and a copy of each cashier's check;

1. The crime of this case with the reason for sentencing under Article 347 (1) of the Criminal Code of the corresponding Article of the Criminal Act concerning the crime of this case is an attorney-at-law.

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