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(영문) 서울서부지방법원 2015.12.02 2014고단1256

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Records】 The Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Western District Court on January 18, 2012, and the execution of the sentence was completed in the Ansan Prison on September 18, 2012.

【Criminal Facts】 The Defendant is an employee of M&M distribution company, 【2014 Highest 1256】

On February 9, 2013, the Defendant: (a) around February 9, 2013, the Defendant entered into a transfer contract with the victim’s Empt (105 dong 109), stating that “The Defendant will pay KRW 50 million as premium in the face of the week by entering into a transfer contract with the Emart’s business rights, bonds, and debts succession; and (b) transferring the Emart and the corporation to pay KRW 50 million as premium.” (c) On the same day, the Defendant entered into a transfer agreement with the above purport.

However, even if the defendant takes over the above marinas from the victim, it was difficult for the defendant to obtain a loan under the name of the above corporation, and the defendant was also unable to provide financing because he did not secure a person who will make an investment in the above marinas, and even if the above marinas and corporations are acquired from the victim due to economic difficulties that make it difficult to pay rent for the first month of the above marinas, the defendant did not have the intent or ability to pay to the victim the premium in the name of the acquisition price.

Nevertheless, the Defendant acquired the said Mate and corporation from the victim, and paid only KRW 5 million as the down payment, and did not pay the remainder KRW 45 million as the down payment, thereby acquiring the property benefits of the said Mate and corporation.

"2014 Highest 3575"

1. The Defendant in violation of the Road Traffic Act is a person engaging in driving a halogic car owned by G, which is a branch.

On November 8, 2014, the Defendant driving the above car at around 10:30 on November 10, 2014, and proceed to the left turn from the search of Seodaemun-gu Seoul to the elementary seat of North Korea at the search site.

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