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(영문) 서울중앙지방법원 2017.06.02 2016고정3126
사기
Text

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

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

Reasons

Punishment of the crime

On October 16, 2015, the Defendant was sentenced to a suspended sentence of four months in Seoul Western District Court for fraud, etc., and the judgment became final and conclusive on February 17, 2017.

On January 13, 2015, at the office located in Gangnam-gu Seoul Metropolitan Government, the Defendant concluded a purchase and sale contract for the land E and F (hereinafter “the above land”) located in Gangnam-gu, Seoul, with the victim and son’s children, and concluded a false contract for the purchase and sale of the land (hereinafter “the above land”) on the part of the victim, stating that “The Defendant would pay KRW 15 million for the purchase price of the above land without the molding up to January 28, 2015, if the documents were insufficient, and the registration of the transfer of ownership of the above land was completed first.”

However, even if the Defendant completed the registration of transfer of ownership of the above land, he did not have any intention or ability to pay the purchase price normally.

On January 13, 2015, the Defendant deceptioned the victim, and caused the victim to complete the registration of transfer of ownership in the name of G on the said land, thereby defrauding the victim.

Summary of Evidence

1. Statement made by the police against the defendant;

1. Statement made by the police against C;

1. Criminal records: The application of Acts and subordinate statutes to criminal report;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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