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(영문) 의정부지방법원 2017.07.17 2017고단1739
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 20, 2013, the Defendant was sentenced to two years of imprisonment for fraud at the Chuncheon District Court on February 20, 2013, and written indictment on February 28, 2013, stating that “the indictment is February 22, 2013,” but is obvious that it is a clerical error.

The judgment became final and conclusive.

On February 18, 2009, the defendant established D, a defendant's wife C, a representative director under the name of the defendant's wife C, and followed the sale of forest land such as Gangwon-si E.

1. On December 16, 2009, the Defendant committed a crime against Victim F with the victim F through the head of the business team H at the D office located in the third floor of the Seoul Gangnam-gu Seoul Metropolitan Government building G at the D office around December 16, 2009 to the victim F. The Defendant sold the forest in Chuncheon City E in our company, and there are a lot of future development gains.

“The victim proposed a land purchase and sale contract.”

However, the Defendant was trying to sell the part I divided into E in the above victim, and the above I Forest was not subject to the registration of transfer of ownership due to disputes over the original owner's side and the issue of burden of income tax, and at the time, the Defendant did not have any intent or ability to register the transfer of ownership to the victim even if he received the payment of the purchase price of land from the injured party, since it is unclear whether the Defendant would normally proceed with the sale of land because it was a situation where he would have been able to purchase the land by financing the amount of 1.2 billion won with personnel expenses and other expenses incurred in the operation of the company because the sale of land did not proceed as expected, and thus, the Defendant did not have any intent or ability to register the transfer of ownership

On the same day, the Defendant entered into a sales contract with the victim on the same day with respect to 165 square meters among the above E forest land (a specific area as 165 square meters among the I divided in E on the Do where the co-owned area is divided), and received 3.9 million won as the down payment from tin, and received 3.55 million won as the intermediate payment on December 30, 2009, and received 12.55 million won as the intermediate payment on January 18, 2010, and remitted 1.5 million won as the balance to D account.

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