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(영문) 의정부지방법원 2016.08.24 2016고단1693
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On September 6, 2012, the Defendant, at the office of “D Judicial scrivener” located in Seocheon-si, Seocheon-si, to purchase KRW 1559 square meters of F forest land owned by the victim E at KRW 235 million. On September 06, 2012, the Defendant drafted a real estate transaction contract on the condition that the Defendant would pay KRW 117.5 million of intermediate payment on December 6, 2012, and KRW 94 million of remainder on January 10, 2013.

Defendant could not pay KRW 150,500,000,000 for partial intermediate payments and remainder, even if around December 30, 2013, and agreed to reduce the balance, and the Defendant would pay KRW 130,000,000 to the victim “after having made the registration of transfer of ownership first, the Defendant would receive a loan as security, and pay KRW 130,000,000 to the victim until April 2014.

In addition, if acquisition tax, etc. incurred in the process of transferring one registration is to be granted, it would be paid in a lump sum at once.

However, in fact, even if the defendant had no particular property at the time, was in bad credit condition and was liable for a debt of approximately KRW 130 million to purchase and develop other real estate, and was transferred the registration of ownership of the above real estate, he did not have any intent or ability to pay the balance and acquisition tax to the victim.

Nevertheless, the defendant, by deceiving the victim, acquired the ownership of the above real estate equivalent to the market price of KRW 235,00,000 by acquiring it, and let the victim pay KRW 6,493,620 as acquisition tax, etc., thereby acquiring financial benefits equivalent to the same amount.

Summary of Evidence

1. Defendant’s legal statement

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on a real estate transaction contract, a deposit transaction statement, a copy of passbook, agreed matters, each real estate transaction contract, a certificate of report on real estate transaction contract, a certificate of verification of transaction details, a receipt, a receipt, a receipt, a receipt of acquisition tax and a statement of payment, a promissory note, a bill, a bill process, and a loan certificate

1. Article 347(1) of the Criminal Act regarding the pertinent legal provisions and the choice of punishment regarding the facts of the crime (the choice of imprisonment).

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