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(영문) 대전지방법원 2012.12.26 2012고단3582
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On February 15, 2005, the Defendant sold KRW 430,000,000 to the victim D the amount of KRW 96,195 square meters of E and F forest land owned by the Defendant on February 15, 2005, but the said forest did not complete the registration of ownership transfer for the victim within the land transaction permission zone.

In April 201, the construction of an access road to an expressway in the vicinity of the above forest was conducted on April 201, and the construction of Songsan Construction Co., Ltd., conducting the said construction, proposed to collect earth and sand in the above forest owned by the Defendant through G and H, which is a real estate business entity, and the Defendant, who is the title holder of the above forest, consented to the collection of earth and sand and the procedure and expenses for collecting earth and sand, and the expenses for afforestation and recovery were all borne by Songsan Construction.

On May 1, 2011, the Defendant: (a) obtained permission to collect earth and sand necessary for the construction of an expressway when the Defendant collected the victims of the above woodland or the earth and sand necessary for the construction of an expressway; and (b) obtained the consent from the victims by deeming that the ground becomes smooth and high; and (c) obtained the consent from the victims; (d) provided that the Defendant would bear the expenses for the restoration of the afforested that should be returned to the viewing of the permission to collect earth and stone; but (e) provided that “the Defendant would return the expenses for the restoration of the afforested when he/she intends to obtain the permission to obtain the said permission to return the expenses KRW 15 million to the account, on June 1, 2011, remitted from the victims to the Defendant’s account.”

2. The Defendant committed the crime against the victim I was found to have a defect that D would resell the said land to the victim I while selling the forest land specified in the preceding paragraph to D and failing to complete the registration of ownership transfer as stated in the preceding paragraph, at the office of the real estate agent of the Daesung-gu in wartime on June 10, 201, where D and the victim I’s agent of the victim I is his agent, and the fact is that the Defendant is a stock company in the said forest.

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