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(영문) 청주지방법원 제천지원 2014.10.16 2014고단342
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who was the representative of (main) D, a planning real estate company in the fourth floor of Seocho-gu Seoul Metropolitan Government.

On April 9, 2009, the Defendant: (a) on April 9, 2009, the total area of F forest land was 13,592 square meters in the victim E and the Plaintiff on April 9, 2009; (b) on March 21, 2013, the total area of F forest land was 13,592 square meters in Seocheon-si; and (c) on March 21, 2013, the 1,039 square meters in size was divided into H in Seocheon-si.

Therefore, it is clear that the phrase “1,039 square meters” in the indictment is a clerical error of “13,592 square meters.”

Among them, a sales contract was concluded with the content that receives a total of KRW 70 million from the purchase price to transfer the ownership share amounting to KRW 253 square meters (837 square meters) to the victim's name G.

Accordingly, from around that time to October 27, 2009, the Defendant received the amount of KRW 38 million out of the purchase price of KRW 70 million from the victim. On April 30, 2010, the Defendant made a false statement as if he would have paid the balance to the victim by requesting the payment of the balance to the victim.

However, it is true that around November 17, 2009, the Defendant had failed to pay taxes while operating (State)D and that F was divided into H as seen earlier by the National Tax Service on March 21, 2013. The land seized on November 17, 2009 is the total share owned by (State)D among F.

Therefore, it is clear that the “H” of the indictment is a clerical error in the F.

(1)As to the entire shares of forest land owned by the Defendant, on February 5, 2010, the National Tax Service was notified that the seizure was not possible on the ground that the corporate tax, which began to be delinquent on January 31, 2010, reaches KRW 427,708,880, and the ownership transfer was not the ability to normally complete even if the Defendant received the balance from the Defendant on April 30, 2010.

The Defendant, from the victim, is the sum of three occasions in the name of the remainder of the purchase price on April 30, 2010.

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