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(영문) 서울중앙지방법원 2018.06.21 2018고단495
사기
Text

A person shall be punished by imprisonment with prison labor for not less than three months and by imprisonment for not more than six months for a crime of No. 2 as decided by the court below.

Reasons

Punishment of the crime

[2] On October 20, 2010, the Defendant was sentenced to one year and six months of imprisonment with prison labor for fraud, etc., and three years of suspension of execution on October 28, 201, and the judgment became final and conclusive on September 15, 201, which was sentenced to one year of imprisonment with prison labor for fraud, and two years of suspension of execution, and the judgment on September 23, 201 became final and conclusive on September 19, 201 after being sentenced to two years of suspension of execution. The Defendant was sentenced to eight months of imprisonment with prison labor for the victim C from the capital support of Suwon Friju on February 19, 2013 and on July 11, 2013 to one year of imprisonment with prison labor for the victim D, etc., respectively, and the judgment became final and conclusive on October 11, 2013 by having been sentenced to imprisonment with prison labor for the victim D, and on April 26, 2016.

[Criminal facts]

1. Around June 20, 2008, the Defendant: (a) sold approximately 37,362 cubic meters of the G forest land in Gyeyang-gun, Gyeonggi-gu, Gyeonggi-do, Gyeonggi-do, which was owned by the Defendant’s F Partnership on June 2008, to the victim H the purchase price of KRW 991 cubic meters ( approximately 300 cubic meters); (b) agreed to change the use of the said forest land to a management area where a new house can be built in an agricultural and forest area; and (c) divide the jointly owned forest into a management area where a new house can be built in an agricultural and forest area; and (d) agreed to grant an individual registration; (b) around that time, the Defendant received an additional payment of KRW 15 million from the victim during the period from December 1, 2008 to December 8, 2008; and (c) completed the registration of the victim’s ownership transfer of public land

After that, on May 2009, the Defendant urged to refund the purchase price of KRW 21 million and the suspension work cost of KRW 15 million from the damaged party as the building permit for the above E forest was not granted, and around that time, the Defendant was demanded from the J which aided the Defendant’s E forest sales work to distribute profits. As the Defendant was demanded from the J that aided the Defendant’s E forest sales work, the Defendant re-defusing the above E forest with the victim’s registration of public land portion from the damaged party under the pretext that he would substitute the above E forest with other land to the said land, and had the victim receive the demand

Accordingly, the defendant is "L." located in Gwangju City around June 2009.

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