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(영문) 광주지방법원 2015.11.05 2015고단1670
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On August 20, 2014, the Defendant was sentenced to a fine of five million won at the Gwangju District Court for fraud.

On October 13, 2013, the Defendant: (a) as a person operating D’s real estate development company, sold to the victim G (n, 44 years of age) a house consisting of mushroom cultivation and pents in the GF office located in the (N) Si/Y in the Jeonyang-si, Jeonyang-si, the Defendant: (b) concluded a sales contract with the victim’s G (n, 44 years of age) for the sale of a house consisting of mushroom cultivation and pents; (c) on November 2013, 2013, the building will be completed; (d) the model Has land and the building will be sold in lots; and (d) the victim believed that such sale will be completed. (d) D and one unit of a house (H, sale area at the time of Jeonyang-nam: H, 928 square meters at the time of the sale of the land: 928, 75/86 square meters at the time of the sale of the land.

After that, the victim transferred 50 million won as the down payment to the account in the name of D on October 15, 2013 according to the above contract for sale in lots.

Since then, around October 20, 2013, the Defendant: (a) stated that “A victim, who believed that he would promptly deposit a heavy gold, acquire the registration first from the site on the face of the week, and complete the construction of the building as soon as possible, and transfer the building to another person’s house; (b) transferred KRW 20 million as part payments on October 23, 2013; (c) KRW 60 million as part payments on October 30, 2013; and (d) KRW 70 million as part payments on November 9, 2013, respectively, to the account in the name of D.

However, in fact, the site where the above electric power resource house was created was originally the parcel number of the land I as the Mayang-si, and the lot number of the said H had not been completed. As to I, approximately KRW 100 million was loaned from J to the project fund, and the right to claim the transfer of ownership was registered as of June 12, 2013 as a collateral for it. However, the Defendant did not notify the above victim of such circumstance at all.

The victim is aware that the lot number of the site of the electric power plant is H only without knowledge of such circumstances, and on December 2013, 2013.

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