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(영문) 서울동부지방법원 2011.09.16 2011고단1400
사기미수
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

On September 19, 2003, the Defendant: (a) as a person engaged in the real estate brokerage business, arranged a sales contract to purchase the said I real estate in KRW 70 million from Non-Indicted Party E for the same G G 10,314 square meters, and the same H site 271 square meters and the above I real estate (hereinafter “each of the instant real estate”); and (b) registered the transfer of ownership in the name of the victim with the land 271 square meters in the name of the victim, and the land 271 square meters in the name of the victim, and registered the transfer of ownership in the name of K, the Defendant’s wife, as a land transaction permit relationship.

However, the purchase price for each real estate of this case was solely purchased by the victim through payment. However, in order to acquire 1/2 shares of the above real estate by deceiving a court that is unaware of the fact that the defendant had paid part of the purchase price in keeping the money of the victim in a passbook, the defendant, who is the defendant.

Therefore, in the Seoul East District Court on March 7, 2007, the victim, J and E filed a claim for the cancellation of ownership transfer registration and ownership transfer registration on shares of 1/2,00,000 square meters of forest land and 10,314 square meters of land and 271 square meters of land among each real estate of this case with respect to housing of this case, and attempted to acquire them by fraud. However, the purport is not reached with the wind that the victim actively contests with the response.

Summary of Evidence

1. Legal statement of witness D;

1. A protocol concerning the suspect examination of the accused;

1. Part of the statement made by the prosecution and the police concerning D, and the statement made by the police concerning the accused in the protocol of interrogation of the suspect;

1. Copies of each receipt;

1. Application of Acts and subordinate statutes to report on the execution of a financial account tracking warrant;

1. Relevant provisions of the Criminal Act and Articles 347(1) and 352 of the Criminal Act regarding facts constituting an offense, the grounds for conviction of imprisonment and the grounds for sentencing have been established prior to the purchase of each of the real estate in this case with D, and each of the instant real estate in this case.

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