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(영문) 광주지방법원 순천지원 2019.09.26 2019고단552
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a questioner of the literature B (hereinafter referred to as “instigious”).

The Defendant committed the following crimes with a view to selling a piece of land 4,600 square meters (hereinafter referred to as “this piece of land”) located in C in a leisure time owned by the Defendant, which is difficult to transfer ownership, to D and E, and receiving brokerage fees in the process.

Around October 12, 2017, the Defendant: (a) at the G office located in F, the Defendant: (b) concluded a sales contract with the victim D that “after purchasing KRW 1.60,000 per square meter from the door of the land, the ownership of the land will be transferred to thener; and (c) drafted a sales contract with the Defendant and the victim E that the Defendant would purchase the land from the representative H in the door to KRW 22,2560,00 (per square meter 1.60,000 won); and (d) drafted a letter that the Defendant would again sell the land on the same condition as the victim D.

However, the facts are as follows: (a) in order to purchase and sell this parcel of land, the sale price of KRW 160,00,000 at the time is lower than the surrounding market price; and (b) under such terms and conditions of sale, the sale contract that the Defendant received from the representative H was not for the actual purchase and sale between the Defendant and H, but for the use of money in the name of the purchase price from the Defendant’s land, and was only for the so-called “written receipt” to inform the victims, and the Defendant did not have any intent or ability to transfer the ownership of this parcel of land to the victims, such as the Defendant, who is well aware of the fact that it is difficult for him to realize the ownership transfer of this parcel of land due to the above sale contract.

The defendant, under the pretext of the brokerage commission, shall be KRW 10 million on October 13, 2017, and the amount of KRW 10 million on October 2018.

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