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(영문) 광주지방법원 목포지원 2015.12.03 2014고단2047
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 14, 2006, at the E-incorporated Office located in Sinpo City D, the Defendant asked F who was accused of fraud to help reach a criminal agreement through G, the relative, and then paid KRW 100 million to the victim I as criminal agreement amount. On the other hand, the Defendant drafted a written agreement and a real estate sales contract with the victim that F will transfer the ownership of 11 parcel, such as the Henpo CityJ, which was nominal by the victim, to the person designated by the Defendant and H, in the future.

Accordingly, under the criminal agreement with F, the Defendant paid KRW 90 million to the victim on September 14, 2006 and KRW 10 million on September 16, 2006, respectively. However, in a lawsuit for the registration of cancellation of ownership transfer filed by the Republic of Korea against the victim, the owner of the above 11 parcel, the victim was finalized on May 13, 2010 and the provisional registration of the right to claim ownership transfer established by the Defendant was revoked, and when the registration of the right to claim ownership transfer established by the Defendant was revoked, the above KRW 100 million paid to the victim on his thought that the Defendant suffered damages is not “criminal agreement with F,” but “the purchase price of real estate on the above 11 parcel,” and if it is impossible to cancel the registration of provisional disposition established by the Republic of Korea with respect to the above 11 parcel, the victim was deceiving the court as if the agreement was concluded to return KRW 100 million to the court and obtained a favorable judgment, thereby inducing the victim to acquire KRW 100 million from the victim.

Therefore, the Defendant brought a lawsuit against the victim at the Gwangju District Court Branch on October 20, 201 to return real estate purchase price (201Gadan15696) equivalent to KRW 100 million, and the above KRW 100 million was not completely related to F’s criminal agreement, and the Defendant’s real estate purchase price paid to the victim as the buyer, and the performance of cancellation of provisional disposition registration established by the Republic of Korea was impossible.

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