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(영문) 제주지방법원 2017.07.14 2016고정778
사기
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 22, 2011, the Defendant purchased land C (620 square meters for C site, D site, 644 square meters for D site, and 2528 square meters prior to E on March 27, 201, and jointly owns one share for three subdivisions.

On April 2013, the victim F, a Chinese national, who has obtained the status of stay by investing in Jeju-do, expressed his intention to purchase the land through G around April 2013.

In fact, the Defendant did not intend to carry out a partnership business agreement, such as the relocation of the land owned by one owner of the above land, but said, through G on May 27, 2013, the Defendant concluded, “The Defendant, through G, that, by bearing the construction cost of KRW 500 million on the part of F, 20 million on the land of F, 30 million in total, 1/2 of the ownership of H land and 2/1 of the ownership of 1/2 of the shares and 2/1 of the house of H co-owners, 300 in total, and 1/2 of the ownership of 2/10 in each of the shares and 2/1,00 in each of the shares owned by H land.”

Therefore, even though the victim completed the house by having the victim bear 591,823,460 won from that time until April 2014, the victim completed the house by having the building cost of 591,823,460 won on the above land under the name of the defendant, he/she shall refuse the registration of the relocation of the land and the building pursuant to the business agreement (as each of the above subdivision C and D bonds was constructed on the above subdivision, and the defendant shall demand on July 21, 2014 that the victim waives his/her right to transfer one share of the remaining plot of land E, the remaining plot of land, and if he/she waives it, he/she shall not transfer the building and the site of one of the above bonds, and if he/she does not waive it, he/she shall not transfer the ownership of the land of the above two bonds.

On June 2, 2014, with the exclusion of the victim, the defendant filed a report of the gambling business operator in the name of the defendant I, G couple on June 2, 2014, thereby acquiring pecuniary profits equivalent to the above construction cost by business.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1.F.

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