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(영문) 전주지방법원 2019.01.17 2018고단1546
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

"2018 Highest 1546"

1. On April 19, 2016, the Defendant made a false statement to the victim B, “The purchase price of land of 15,29 square meters in Jinan-gun E-gun owned by D is KRW 78,00,000,000,000, and the purchase price of land shall be delivered to the seller if the purchase and sale is to be arranged.”

However, in fact, since the above land price is KRW 50 million, if the victim receives KRW 78 million from the victim, the suspect thought that the difference would be used voluntarily.

On April 20, 2016, the Defendant: (a) by deceiving the victim; (b) received KRW 75 million from the victim to the post office account in the F name; (c) obtained KRW 3 million from May 3, 2016; and (d) acquired the difference of KRW 28 million from the victim.

"2018 Highest 1941"

2. On December 2015, the Defendant: (a) concluded a land purchase contract with the victim G, stating that “the joint owners of the land to be purchased upon the victim’s consent by purchasing the forest and fields jointly and selling them to the next unit of housing complex; and (b) concluded a land purchase contract with the victim with the purchase price of KRW 225 million; and (c) indicated the land purchase contract with the purchase price of KRW 25 million with the purchase price of KRW 20,500,000,000,000,000 for brokerage fees, income tax, registration tax, and other expenses, if the purchased land includes the purchase price of KRW 257 million with the purchase price of KRW 12,850,000,000,000 per half of the above amount.”

However, in fact, although the actual purchase price of land is KRW 150 million and the actual land sales contract exists separately, the seller prepared a business contract of KRW 225 million with the purchase price, and the suspect thought that the difference in the purchase price was arbitrarily used.

The Defendant, as above, deceiving the victim and deceiving the victim from the victim on January 12, 2016, was the same as KRW 30 million with the Defendant’s H’s account around January 2, 2016, and KRW 50 million with the same account around January 22, 2016, and around May 17, 2016.

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