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(영문) 춘천지방법원 2017.06.02 2016고단1197
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On June 2009, at the F office located in Gangwon-si, Gangwon-si, Gangwon-si, the Defendant: (a) sold the instant land to himself/herself for KRW 300 million; and (b) made a false statement with the victim’s relative H, who was delegated by the victim C with the authority to dispose of the said land on D and three parcels (hereinafter “the instant G land”) located in Gangwon-si, Gangwon-do; (c) the victim’s relative H sold the said land to himself/herself for KRW 300 million; (d) after developing and selling the said land, the Defendant would pay the remainder after deducting the said loan principal from the purchase price initially promised to cancel the mortgage by paying the loan principal related to the neighboring mortgage established on the said land; and (e) would first request the ownership transfer of the said land to develop the said land.

However, the Defendant did not have funds to develop the above real estate at the time, and there was no intention or ability to develop the above land and pay the purchase price, even if he acquired ownership of the above land from the injured party, because he had sold the above real estate to another person and had thought to use it individually, such as repayment of personal debts.

The defendant shall belong to the above victim from the same harm.

9. 22. The ownership of the G land of this case was transferred at the market price of KRW 300 million.

Accordingly, the defendant was given property by deceiving the victim.

B. On August 27, 2009, the Defendant, at the F Office indicated in the paragraph “A of 1,009, was delegated by the victim C with the authority to dispose of the land of the Gangwon-do Crossing-gun (hereinafter “the instant I land”) owned by the victim C in the F Office, and paid KRW 250 million to H, who was delegated with the authority to dispose of the land of the victim’s Gangwon-do Crossing-gun (hereinafter “the instant I land”), for the sale of the instant I land to oneself, after developing and selling the said land, and paying KRW 250 million with the said land’s profit, so that the Defendant’s ownership of the said land can be developed.

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