(영문) 서울북부지방법원 2012.10.17 2012고단324

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(영문) 서울북부지방법원 2012.10.17 2012고단324

사기

Text

A defendant shall be punished by imprisonment for six months.

However, 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 March 2006, 18.5 million won was given to E and purchased from F after early 2006, and under title trust was made to the Defendant’s children. On May 14, 2009, the Seoul Central District Court concluded on May 14, 2009 that “The Defendant confirmed that E is the owner of the instant forest and field, and implements the procedure for ownership transfer registration to E with respect to the instant forest and field.”

Nevertheless, around August 8, 2011, the Defendant, at the office of the third floor of the Seocho-gu Seoul Metropolitan Government G Building, stated that “The forest of this case, which is registered in the name of children C, shall be registered immediately with the J, the person having the provisional registration right, on the ground that the forest of this case, which is registered in the name of children C, is actually owned, if the forest of this case is located in the actual forest of this case, and ten million won, and shall be registered for ownership transfer immediately with the person having the provisional registration right.”

However, the forest land of this case is owned by E and is actually carried out by E, and even if the victim receives KRW 10 million from the victim, it was immediately registered with J and there was no intention or ability to register the transfer of ownership to the victim.

As above, the Defendant was granted KRW 10 million in the name of the purchase price of the forest land of this case by deceiving the victim as above.

After the continuous number of times, the Defendant, at the same place as the instant forest, was given the above circumstances, and the victim did not have an intention or ability to immediately register the ownership transfer, and was given KRW 2 million from the victim, i.e., KRW 2 million in the name of the victim, on the ground that “the registration cost is required to immediately register the forest, and the registration cost is changed to more than KRW 2 million.”

Summary of Evidence

1. A complaint;

1. Statement of the police officer to I;

1. Mediation protocol;

1. A certified copy of the register;

1. Prosecutions against the Defendant.

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