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(영문) 서울북부지방법원 2014.11.20 2014고단3355
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 12, 2012, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Western District Court for fraud, and the said judgment became final and conclusive on September 12, 2012.

The Defendant is the representative director of D, a planning real estate business entity, from October 201 to May 201, who is in charge of water color and sale of the target land.

Although the Defendant’s actual operator E, etc. of the above company and intended to purchase or purchased from the above company, or the development plan for the forest in Chungcheongnam-do and Asan-do, the Defendant conspiredd to acquire the purchase price by means of selling real estate by exaggerationing the development plan or making it impossible to register the individual registration as if the individual registration is possible.

1. On November 9, 2010, at a restaurant in which it is impossible to know the trade name in the Taejin-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, the company’s employees, F, G, who are employees in charge of the business of the company, stated that “If the company had forest land owned by the company in Chungcheongnam-do, and the university is set up and the land is set up to be set up by the previous railway station, it will be at least ten times the company will be set up, and the remaining land will be set up by the previous railway station.”

However, as the development plan related to the above forest land is not clear, it is not clear whether the profit from the increase in the land price was made, and the forest land 1 (26,876 square meters) and J (7,339 square meters) and 2,380,50,000 square meters and only the down payment was made on November 11, 2010 with the owner K and 2,380,500 square meters, and there was no intention or ability to register the transfer of ownership of the above forest land even if the purchaser received the purchase price from the victim, as well as the purchase price deposited by the purchaser.

The Defendant, in collusion with the above E, etc., deceiving the victim, thereby remitting KRW 5 million from the victim to the account in the name of the said company as a contract deposit for sale and purchase of 331m2, a part of the forest land above the same day, and KRW 43,579,000 for the remainder on the 12th of the same month.

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