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(영문) 대구지방법원 2020.04.16 2019고단6625
사기
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is between the victim B and the victim of 60 years of birth.

On April 25, 2019, the Defendant, at the E Office located in the Daegu Northern-gu Seoul Northern District Co., Ltd. D around April 25, 2019, issued to the victim the false statement that “I wish to purchase Nando-gun F land of KRW 350,000,000,000. I must pay to the previous contractor the contract termination amount of KRW 25,000,000. At that time, I may take over land in KRW 375,00,000. Nan shall have shares of KRW 2/3,00,000, and the joint purchase is defective with 1/3,000,000 and later settled the land purchase and taxes.”

However, in fact, even though the purchase price of the above land is less than KRW 275 million, including the contract termination price of the previous contractor, the purchase price of the above land was less than KRW 275 million, it was thought that the difference was acquired by withdrawing the purchase price of 2/3 of the shares to be borne by the victim by paying the purchase price of KRW 100 million, in addition to KRW 100 million.

The Defendant: (a) by deceiving the victim as above; (b) transferred 234.4 million won to the Agricultural Cooperative account (G) in the name of the Defendant; (c) had the victim pay fees and acquisition tax of KRW 12.5 million to the Cheongdo-Gun Office; and (d) Defendant H paid the above land (purchase price: KRW 250 million; KRW 250 million; KRW 25.5 million; KRW 25 million; KRW 25.5 million; KRW 25.5 million; KRW 25.5 million; KRW 287.66,666) to the joint name of the victim; and (c) had the victim pay purchase price of KRW 191,673,34 ( KRW 22.3 billion; KRW 285.65 million); and (d) had the victim obtain property benefits equivalent to KRW 636,65.65 million; and (e) had the victim pay the purchase price of KRW 191,675.65 million.

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the defendant;

1. The statement in B of the police suspect examination protocol against the accused;

1. Sales contract, details of passbook transactions, receipts for acquisition tax, and settlement statement;

1. Each investigation report (Evidence Nos. 6, 16) is to be judged by the Defendant’s assertion.

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