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(영문) 청주지방법원 2017.06.08 2016고단2469
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for one year.

Defendant

B shall be punished by a fine of KRW 3,000,000.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On June 26, 2015, Defendant A’s fraud was sentenced to a two-year suspended sentence of imprisonment with prison labor for embezzlement at the Cheongju District Court for a two-year period, and the judgment became final and conclusive on January 5, 2016.

On December 20, 1971, the Defendant is a closed member of the F clan Association (hereinafter referred to as the “F clan Association”). On December 20, 1971, the Defendant registered the right to request the transfer of ownership on the said land for the purpose of preserving the ownership of the instant land under the pre-sale of the said land under the name of five members, including the Defendant, in the name of the above-class members, such as the Defendant, and registered the preservation of ownership under the name of five members, such as the Defendant. The above-class clan registered the right to request the transfer of ownership on the said land for the purpose of preserving the ownership of the instant land on June 7, 198.

On September 10, 2013, the Defendant: (a) at the office of the Victim E, Inc., Ltd., the victim of the 401 building in the Cheongju-gu Office of substantial Cheongju-si on September 10, 2013; and (b) to the representative director of “E”, the instant land is an individual property; and (c) the right to request the transfer of ownership was registered without the consent

If this land is sold, it is said that the provisional registration will be cancelled by filing a lawsuit to cancel the provisional registration within six months.

However, the land of this case is not owned by the defendant, but owned by the above clans. Even if a contract for the sale of real estate was concluded with the victim, there was no intention or ability to cancel the provisional registration of the right to claim the transfer of ownership in the name of the clans.

The Defendant: (a) entered into a sales contract with the victim by deceiving the victim as above and selling 1/5 of the instant land to the victim for KRW 430 million (hereinafter “the instant sales contract”); (b) received KRW 130 million from the victim to the agricultural bank account in the name of the Defendant under the name of the Defendant for the same day as the down payment and intermediate payment; and (c) transferred the ownership of KRW 230 million in the market price around October 11, 2013, the ownership of KRW 1319,000,000,000 won in Seo-gu, Seo-gu, Seoul Special Metropolitan City.

2. Defendant B’s violation of the authorized brokerage justice.

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