(영문) 청주지방법원 2018.06.21 2017고단1046

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(영문) 청주지방법원 2018.06.21 2017고단1046

사기

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All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the victim C, the victim D, the victim E, the victim F, the victim G, the offender, and the offender.

On July 25, 2007, according to the death of his father H on January 21, 2008, the Defendant transferred ownership to Cheongju-si Office I on the ground of inheritance, but the Defendant’s complaint against the registration under the sole name of the Defendant against the above I, an inherited property, was filed by the victims on May 18, 2009.

On May 21, 2015, the Defendant issued a false statement to the victim C’s house located in Cheongju-si, Cheongju-si, 203 Dong 803, Cheongju-si, stating that “The Defendant would make a provisional registration under the jurisdiction of Cheongju-si, Cheongju-si, sell and sell the remainder of KRW 225 million,00,000,000,000 for each of 30,000 won to the victims C, victims E, victims F, and victims D, who are married, and the mother would pay KRW 25,00,000,000 for medical care expenses to L, and to pay KRW 10,000,000 to the victims G who are children.”

However, in fact, even if the defendant was released from provisional registration of the right to claim the transfer of ownership in the name of the victims with respect to the J real estate, he did not have any intention or ability to divide the purchase price to the victims according to the agreement.

On June 4, 2015, the Defendant was released from the victims the provisional registration of the right to claim the transfer of ownership to the real estate in J around June 4, 2015.

Accordingly, the defendant deceiving victims and acquired financial benefits equivalent to KRW 280 million.

2. According to Article 328(2) of the Criminal Act, which is applicable mutatis mutandis by Article 354 of the Criminal Act, the facts charged of the instant case is a crime falling under Article 347 of the Criminal Act, in cases where the victim and the offender have a relationship of kinship as prescribed in the said Article, the prosecution may be instituted only upon the victim’s complaint

According to the records, the defendant and the victims are relatives not living together, and the victims are the victims.

참조조문

-형법 제328조 제2항

-형법 제347조

-형법 제354조

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