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(영문) 춘천지방법원 2015.07.17 2015고단201
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On October 20, 201, the Defendant entered into a sales contract with the Defendant’s house located in Chuncheon-si around October 201, 201, to trade the victim F (hereinafter “instant real estate”) with KRW 767 square meters (including KRW 34,400,000 for civil construction work costs) out of KRW 13,790 square meters, G 13,790 square meters owned by the Defendant.

However, in fact, the real estate of this case where the Defendant decided to sell it to the victim in installments was impossible to divide the real estate into the land if the building was not newly constructed on the land due to the measures to prevent the difficult development of Chuncheon viewing. The Defendant was also obligated to notify the victim of the circumstances that it is impossible to divide the land into the land into the land because it was a construction permit for constructing five buildings on the land outside Chuncheon City G (the real estate of this case) according to such policies of Chuncheon City.

Nevertheless, the Defendant, without notifying the victim of such fact, believed the victim to believe that there is no problem in dividing the land, and acquired the sum of KRW 40,000,000 from the victim as the down payment on the same day, and KRW 10,000,000 as the intermediate payment around February 20, 2012, and KRW 34,400,000 as the contract price around March 15, 2012, and acquired it by defrauding it.

2. Breach of trust;

A. As indicated in paragraph (1) around November 20, 201, the Defendant entered into a sales contract with the Victim F, and received KRW 40,000,000 as the intermediate payment around February 20, 2012 as the date of the contract, from the Defendant around February 20, 2012.

In such a case, the defendant's duty to receive the balance from the victim and to implement the procedure for ownership transfer registration to the victim was incurred.

Nevertheless, on November 13, 2012, the Defendant, in breach of his duties, completed the registration of the establishment of a neighboring real estate with the maximum debt amount of KRW 750,000,000, to H around the instant real estate.

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