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(영문) 서울중앙지방법원 2015.12.17 2015고단1281
사기등
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the charge of forging private documents and uttering private documents is acquitted.

Reasons

Punishment of the crime

On March 14, 2013, the Defendant entered into a sales contract with D Real Estate located in Chungcheongnamcheon-si, Chungcheongbuk-si, the Defendant’s ownership, to sell E (284 square meters), F (314 square meters), G (377 square meters), H (26,370 square meters), part of H (1 (189 square meters out of 7,400 square meters), KRW 250,000,000, and J (2930 square meters) with KRW 100,000,000,000 won, respectively.

On April 15, 2013, which was prior to the payment of the purchase price, the Defendant: (a) divided L(256 square meters) into Chungcheongbuk-si, Chungcheongnam-si (284 square meters); (b) divided M(162 square meters into F (314 square meters); and (c) applied for the registration of division in the name of the Defendant, who did not transfer the L(256 square meters) and M(162 square meters) to the victim and did not transfer the same to the victim; and (b) applied for the registration of division in the name of the Defendant.

Around April 19, 2013, the Defendant concealed the fact that the above real estate was divided to the victim, and received KRW 350 million from the purchase price for the above six parcels before the division.

As above, the Defendant, by deceiving the victim as above, acquired the pecuniary benefits equivalent to the value of the land in the amount of L(256 square meters) and M(162 square meters) that is divided from the victim in Chungcheongbuk-si, which is divided by the victim.

Summary of Evidence

1. Each legal statement of witness K, N,O, and P;

1. A real estate sales contract or a description verifying the object of brokerage;

1. A certified copy of the real estate register (the defendant and his defense counsel concluded a sales contract for the transfer of E and F to the transfer of E in installments, and thus, they did not deceiving the victim. However, in light of the fact that all the witnesses involved in the above contract did not agree to divide, and that the terms of the sales contract do not include the division agreement, it cannot be deemed that there was a division agreement) and the application of the law

1. The crime of this case committed under Article 347(1) of the Criminal Act regarding criminal facts, and Article 347(1) of the Criminal Act concerning the sentencing of imprisonment with prison labor for the reason of sentencing, is trade by using professional knowledge about the procedure or method of division of land.

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