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(영문) 서울중앙지방법원 2014.08.08 2014고단2393
사기
Text

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

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

Reasons

Punishment of the crime

On March 29, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Labor Standards Act at the Seoul Central District Court on April 6, 2013, and the judgment was finalized on April 6, 2013. On February 13, 2014, the Seoul Central District Court sentenced three years of suspension of execution at the Seoul Central District Court on February 21, 2014.

The defendant is a person who actually operates D with the purpose of real estate sale, lease, sales agency, etc.

On July 26, 2012, the Defendant entered into a contract to purchase KRW 340 million from G with the owner of KRW 22,820,000,000,000,000,000,000,000 from G, however, on September 18, 2012, the Defendant was unable to pay the remaining amount until September 21, 2012, with the payment of KRW 30,000,000,000,000,000,000,000, in the name of KRW 31,08,000,000 and KRW 2,000,000,000,000,000,000 were to be transferred, but the said contract was not implemented, and the Defendant could not, upon receiving notification of cancellation of the contract from G as of October 2012, sell the said forest ownership to the customers.

Nevertheless, on January 1, 2013, the Defendant, without being aware of the cancellation of the sales contract of the said G, had the head of the said company H, who was aware of the fact that the said forest was normally divided and sold, secure the said forest land from the said company to the victim I. However, after soliciting the victim I to purchase that the said forest would be able to gain a large number of future revenues, the Defendant had the purchase purchase price of the said forest E 1,697 square meters for KRW 100 million and concluded a sales contract for the said forest on January 17, 2013.

The Defendant, from the victim on January 17, 2013, at the same time, KRW 45 million from the flood bank account in the name of the said company on January 17, 2013; KRW 24.15 million from the same month; KRW 10 million on January 25, 201; and KRW 30 million on January 28, 201.

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