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(영문) 인천지방법원 2013.08.06 2011고단7408 (1)
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On December 17, 2008, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Incheon District Court on December 17, 2008, and the above judgment was finalized on June 15, 2010.

The Defendant: (a) around May 28, 2009, at the “F store” in the victim E’s operation in Nam-gu Incheon Metropolitan City, the Defendant calculated the right to lease and the right to operate the said F store as KRW 250 million, such as the lease deposit of the F store operated by the victim, facilities, fixtures, inventory goods, etc.; (b) calculated 600 square meters (the development plan also 182,183,184) out of the G forest in Gyeonggi-gu, Gyeonggi-gu, as KRW 270,000,000,000,000, and entered into a real estate exchange contract with the victim to pay the difference amount to KRW 20,000,000 to the Defendant, “The above forest is actually owned, and the access road will also be responsible for and harmed; and (c) purchased the said forest as KRW 4.5 million per square year if the road works are not permitted due to construction works.”

However, the defendant did not have the right to dispose of the above forest land, and the forest land that was transferred to the victim can not be executed. Furthermore, there was no intention or ability to transfer the forest land to the victim or re-purchase the forest land according to the agreement because he did not have the ability to purchase the forest land again.

The Defendant, by deceiving the victim and deceiving the victim, transferred the above F store's lessee to H's mother I at around that time, by changing the lessee of the F store from the victim to H, and transferred the store to the victim's mother. The amount of KRW 10 million on May 28, 2009, and the same year.

6. 13. 5 million won, and the same year.

6.16.5 million won transferred to each national bank account under the name of his wife under the pretext of exchange difference and the same year;

6. 17. Receiving the remittance of KRW 29.7 million to a post office account in the name of K for cadastral division survey expenses, and the same year.

8.5. The expenses for the registration of real estate are 18 million won.

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