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(영문) 서울서부지방법원 2017.01.18 2016고단3101
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[criminal records] On August 14, 2012, the Defendant was sentenced to imprisonment with prison labor for six months for embezzlement in the support for the development of the Suwon method, and the above judgment was finalized on December 18 of the same year. On November 21, 2013, the Seoul Central District Court sentenced imprisonment with prison labor for four months for fraud, and the above judgment became final and conclusive on March 28, 2014.

[2] On February 21, 2012, the Defendant: (a) at a coffee shop where the trade name near the Dongjak-gu Seoul Metropolitan Government Credit cannot be known; (b) the Defendant entered into a contract to exchange the Plaintiff’s “D (hereinafter “D”)’s owner E of Gangseo-gu, Gangwon-do D (hereinafter “D land”); (c) 180 of the aforementioned D land and 206 of the F Building No. 206 (hereinafter “F commercial building”) at the time of the Gyeonggi-gu, the Plaintiff purchased the said D land. At present, E purchased the said D land, and without registering the transfer of ownership of the transaction permitted zone, and filed a lawsuit with the nominal owner and the registered owner.

The registration of transfer of ownership shall be made to 180 square meters out of D land in winning the case within three months.

If the loss is lost, it will be exchanged to other land.

The phrase “ makes a false statement.”

However, in fact, the above D land does not have any right to, or was in trial, and the defendant was not authorized to conclude an exchange contract on, the above D land by, E, and the defendant was planned to repay the defendant's existing obligation to, E by having the victim complete the registration of transfer of ownership in the above F shopping district. Even if the above exchange contract was concluded, the victim did not have the intent or ability to complete the registration of transfer of ownership against the 180 square meters out of the above D land.

On March 6, 2012, the Defendant deceptioned the victim, and caused the victim to acquire the ownership of the said F commercial building in an amount equivalent to KRW 491,00,000 at the market price to E on March 6, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E’s legal statement;

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