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(영문) 전주지방법원 2015.07.09 2014고단873
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

1. On August 25, 2011, the Defendant entered into a contract with the owner to purchase KRW 642 million in total by calculating 2.4 million per square meter from the owner of the land in the So-jin-gu Seoul Special Metropolitan City E, F, G, and the three-story building on the above land in the Republic of Korea (hereinafter “instant real estate”).

On October 14, 2011, the Defendant made a false statement to the victim J on the part of the International Real Estate Office located in Seojin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, stating that “The instant real estate was purchased in the amount of KRW 750,400,000,000 per square meter, and the Defendant would jointly purchase the instant real estate at the same time with B. It would be assumed by 1/2 of the expenses.”

On November 1, 2011, the Defendant again made a false statement to the victim, stating, “The amount of KRW 38.4 million, including the acquisition tax and registration tax necessary to purchase the instant real estate. Of the purchase price, KRW 500 million, 50 million, was to be paid with a loan as security for the instant real estate, and the Defendant would pay KRW 1/2,520,000,000,000,000 and KRW 1/2,000,000,000,000 and KRW 1/2,000,000

However, in fact, the actual purchase price of the instant real estate was KRW 642 million as above, and the expenses such as the receipts and registration fees were KRW 37,325,00,000. Since the secured loan amount was KRW 500 million, the Defendant and the victim, who were joint buyers, should bear each of the total of KRW 89,662,50,000,000,000 for the remainder of the purchase price after deducting the secured loan amount, and KRW 1/2,000,000,000 for the expenses such as the above receipts and registration fees, etc.

As above, the Defendant deceivings the victim as above, and, from October 14, 201 to November 1, 201, deducted KRW 500 million from the said loan from KRW 125,200,000 for the remaining purchase price, and KRW 14,440,00,000 for the purpose of 1/2 of the expenses, such as acquisition tax and registration tax, and KRW 89,62,50,000 for the said purchase price, registration tax, etc. on the other hand, the Defendant incurred KRW 89,62,500 for the said expenses, including the above purchase price, registration tax, etc.

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