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(영문) 수원지방법원 여주지원 2016.12.16 2015고단1040
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around April 8, 2013, the Defendant, at the office of “E” licensed real estate agents located in Ischeon-si, Dongcheon-si, created a site for electric source to the victim F with “E” (hereinafter “E”) for a total purchase price of KRW 30 million, remainder70,060,060,000,000 (hereinafter “the instant real estate”) as KRW 5,066,000,000,000,000,000,000,0000 won in the land located in the name of the G, and later, he/she lives in a house for electric source, and later, can be punished by a large amount of money. The provisional registration, mortgage, superficies, etc. established on the instant real estate is to be cancelled all until the payment date of the remainder, and the Defendant’s residential area is to have entered into a contract with the victim for the purchase price of KRW 10,00,000,00,000 (hereinafter “the instant real estate”).

However, the Defendant was unable to obtain permission for the ownership of the instant real estate from June 30, 2013, because there was no fact that the construction drawing drawing of a house was prepared at the time, and there was no intention or ability to transfer the ownership of the instant real estate by cancelling the limited real right, such as provisional registration, collateral security, superficies, etc., even if the Defendant received the purchase price from the victim, on the ground that the Defendant did not have any intention or ability to transfer the ownership of the instant real estate by cancelling the limited real right of the instant provisional registration, etc. by cancelling the real right of the instant provisional registration, etc., even if the Defendant received the purchase price from the victim, on the ground that the said forest and land had a very deteriorated financial situation to the extent that the said forest would go beyond the auction.

As such, the Defendant, by deceiving the victim, transferred KRW 40 million, including KRW 20 million around April 8, 2013, and KRW 20 million around June 10, 2013, to the Agricultural Cooperative (K) account in the name of the Defendant.

Summary of Evidence

1. The defendant;

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