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(영문) 제주지방법원 2013.11.15 2012고단1605
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Judgment of the court below] On August 13, 2010, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Seoul Central District Court, and the judgment became final and conclusive on January 6, 2011.

【Criminal Facts】

From December 15, 2008 to March 26, 2010, the Defendant operated the said company as the representative director of “F” corporation, a planning real estate business entity, on the third floor of the Gangnam-gu Seoul Ebuilding. From January 2009, the Defendant entered into a sales agency contract with G, the ownership of which was H or I with a total of 40,304 square meters of forest land, and sold the said forest land to customers who wish to construct the pentry, etc. in the way of share transfer, and completed the registration of ownership transfer as to the whole four above land in the name of the said company on November 30, 2009. The Defendant, despite the fact that the above office shows around November 2009, the Defendant did not have any adjacent forest land to the river, the size of the forest land to which the victim of the instant forest land was 40,000 square meters (hereinafter “the instant forest land”), and the Defendant could not have any adjacent forest land to the instant case, even if it was possible to purchase it.

“Along with the purport that “A” means false statement to the effect that the said company’s employees present K to the victims that it was the woodland of this case, which is 942 square meters owned by Jeju Special Self-Governing Province at the time of the on-site inspection. The said employees concluded a sales contract for part of the instant forest, and concluded a sales contract with the victims on December 11, 2009 for each part of the instant forest, and 54,056,800 won as the sales price for 654,2,306 square meters out of the instant forest 2,306 square meters on December 11, 2009 from the victim JJ, and 42,00,000,000 won as the sales price for 496/2,306 shares from the victim D on February 19, 2010, and on March 17, 2010 from the victim C.

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