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(영문) 서울중앙지방법원 2012.11.14 2012고단2799
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is a person who operates D Co., Ltd., a real estate consulting company.

On April 11, 2005, the Defendant purchased approximately 40,165 square meters of the F Forest in Pyeongtaek-gun, Gangwon-do (hereinafter referred to as “the main forest”) owned by E from son G to KRW 1,336,500,000,000,000 won, representing E.

On May 3, 2005, the Defendant: (a) through K in charge of the business of J, a real estate seller, operated by the victim I on the second floor of Seocho-gu Seoul Seocho-gu, the second floor of H building; (b) the Defendant met the victim through K; (c) “The land category attached to the road and the land category is equal to that of the forest or land clearing, and thus, (d) the owner E now offered a gold 2.45 billion won, which would have a big proceeds from the purchase; and (c) the Defendant would have a big proceeds from the purchase; (d) recommended the purchase; and (e) introduced another land adjacent to the forest, with the victim, K, etc., as the forest, and then received a sales contract for the forest, and around June 3, 2005, concluded a sales contract for the forest and land around that time, and received KRW 2.19 million in total as part of the purchase price from August 5, 2005 to that time.

Around August 29, 2005, the Defendant continued to conduct a survey on the division of the instant forest and field as a result of the survey conducted on or around August 29, 2005 by the victim, and the location of the instant forest and field was not 50-60 meters away on the roads, but 50-60 meters away on the road. Notwithstanding the fact that the development value was considerably low, the Defendant continued to conduct the division of the forest and field as it was without the consent of the victim and received 10 million won from the victim as the purchase price, respectively.

Accordingly, the defendant acquired the sum of 200 million won from the victim by fraud.

Summary of Evidence

1. The defendant's partial statement in court (the fact-finding relation is recognized);

1. Statement of each protocol of the trial of a witness G (second time), I (third time), and K (third time);

1. The defendant;

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