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(영문) 의정부지방법원 2017.06.16 2016고단3023
사기등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On February 20, 2003, the Defendant, along with C, jointly purchased part of 18,200 square meters of E forest land owned by D (the last F division) with D on February 20, 2003. However, on the ground that it was impossible to obtain permission for the construction of a factory on the said land, the Defendant was fully returned the purchase price on April 2004 and rescinded the said sale contract, and there was no right to file a claim for registration of ownership transfer with D on the said land.

G, on September 12, 2007, even though H did not obtain any delegation from D with the authority to dispose of land, G provided as collateral part of the land owned by D 20,310 square meters among the land owned by D and borrowed KRW 135,00,000 and did not change it. On January 201, 201, D became aware that D sold the said F Forest to J, it would again be urged by I to repay the said loan or transfer the ownership of the forest.

Accordingly, around February 2003, D is working for H to receive or return the purchase price for the Defendant, etc., and the process of cancelling a sales contract is practically conducted by H. D with frequent overseas stay. Around February 2003, D had been able to use his knowledge of the process in detail for the Defendant to have the right to claim the registration of transfer of ownership under the self-sale contract of February 20, 2003 for the above forest land even if the Defendant had been living abroad. D disposed of the real estate price in the above forest land of D, and obtained property or property gains from D, and used it to resolve the loan obligation to I by using it.

As a result, G will pay 50 million won to the defendant around February 201, 201.

With the promise on February 20, 2003, the self-sale contract was concluded on February 20, 2003, and it was proposed that the real estate disposal gold price was defective for D's forest land, and the defendant also responded to this.

G After completing the provisional disposition registration in the name of the Defendant and C on March 9, 201, G sells the said forest to J after completing the provisional disposition registration under the name of the Defendant and C.

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