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Defendant
B Imprisonment with prison labor for four years and for one year and six months, respectively.
Reasons
Punishment of the crime
[Criminal Records] Defendant B was sentenced to three years of imprisonment for fraud at the Seoul Central District Court on January 29, 2016, and is currently pending in the appellate trial.
[Criminal facts]
1. The Defendants were aware of the victim CH owned the above-mentioned CI and 4 parcels of land and the above-mentioned building in Cheongju-si, and were willing to exchange the above-mentioned real estate and Goyang-gu CJ with the victim and make a false statement, and obtain the victim by deceit the difference amount. Defendant B planned the above crime and carried out all the tasks, and Defendant BT intended to play a role as if the victim is CK of the said land owner of Gyeyang-gu, Seoyang-gu.
A. On September 16, 2015, at the office of Defendant B of the 7th floor of the Seocho-gu Seoul Metropolitan Government CL Building, the Defendants met the victim, and Defendant B exchanged the victim with the building on the 4th floor and the above building and the land owned by CK at the time of Party B’s request, and Defendant B exchanged the victim’s land in Gyeyang-gu, Gyeyang-gu, Seoul. The price of the real estate owned by us is much higher than that of us but 1.2 billion won as us pay money, and Defendant B took place as CK thereafter.
However, in fact, the Defendants did not have been delegated to CK with the authority to dispose of the said land, and did not know with CK, and even if they received the said money from the injured party, they did not have the intent or ability to exchange the said real estate.
Nevertheless, the Defendants: (a) deceiving the victim as above; (b) obtained cash 50 million won from the victim to receive KRW 350 million for down payment and intermediate payment from the victim; and (c) acquired KRW 400 million in total from the victim.
As a result, the Defendants conspired to acquire 400 million won from the injured party.
B. The Defendants who forged private documents shall make a false statement to the victim at the time, time, and place specified in the above paragraph A, and the victim’s statement in the above paragraph A.