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(영문) 서울서부지방법원 2013.08.13 2012고합412
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On June 9, 2010, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Western District Court for a violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and on February 25, 201, and the said sentence becomes final and conclusive.

On November 30, 2007, the Defendant purchased the land located in Seodaemun-gu Seoul Metropolitan Government D with the victim C, on condition that the victim would have a 90% share of 90%, and the Defendant would have a 10% share of 10% share of the land located in Seodaemun-gu Seoul Metropolitan Government D and a 6-story building (total floor area of 1,274.46 square meters).

At the time when a real estate sales contract concerning the above building site and building was concluded with the delegation of the victim, the defendant provided that "the purchase price is 2.7 billion won, and 1.2 billion won is expected to be loaned from the new bank. Of the remaining 1.5 billion won, 1.35 billion won, which is 90 billion won, is changed by 98,867,006 won from the defendant's account around December 13, 2007, and 398,867,006 won from the victim's account around December 27, 2007, one cashier's checks worth 65,12 billion won at face value around December 27, 2007, and one cashier's checks issued at face value 300 million won at face value on the same day, and one cashier's checks issued at face value 1.350,506,006 won.

However, in fact, the purchase price of real estate actually purchased by the Defendant was KRW 1.95 billion, but the purchaser decided to succeed to the rental deposit obligation KRW 125 million, and 1.25 billion out of the purchase price was to obtain a loan from a financial institution, and the purchase price to be paid by the actual purchaser is KRW 625 million, and thus, the purchase price to be paid by the victim was 90 million, which is the above KRW 625 million, and the purchase price to be paid by the victim was 90 million.

As above, the Defendant, who made a false statement on the purchase price, received KRW 1.350,06,000 from the victim, and acquired the false purchase price of KRW 2.7 billion and the actual purchase price of KRW 1.95,00,000,00 equivalent to KRW 90,000,000 of the amount corresponding to KRW 90,000,000,000 of the victim’s share.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1.The F. G. of the police preparation.

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