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(영문) 서울중앙지방법원 2017.07.04 2016고단744

사기

Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

[Majority-related relationship] On May 15, 2014, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Central District Court, and the judgment was finalized on January 29, 2015. On May 12, 2015, the Defendant was sentenced to two years of a suspended sentence of imprisonment for eight months in the same court as a crime of fraud and became final and conclusive on May 20, 2015.

[2] On March 1, 2012, the Defendant decided to purchase “E” cartels located in Samsan City, which is owned by C, in F’s name at KRW 1.49 billion. The Defendant paid to the said C the sum of KRW 1.1 billion in total, including the amount of KRW 1.1 billion in the money loaned under the said F’s name as security, but the amount of KRW 390 million in total was not paid to the said C. However, the Defendant purchased the land located in the Dong-gu Seoul Metropolitan City, Busan (hereinafter “the adjoining land”) and used the land located in Busan, the first floor and the 14th floor urban residential housing on that ground to pay the remainder of the debt.

On June 24, 2013, the Defendant had the said C purchase of the adjoining land of this case. On August 5, 2013, the Defendant granted a loan of KRW 400 million from the Ulsan East East-dong Credit Cooperative, and made it appropriated for the expenses incurred in the transfer of part of the purchase price and the registration thereof, and as a security therefor, the Ulsan-dong Credit Cooperative granted a registration for the establishment of the first priority collective security right of KRW 520 million to the adjoining land of this case. On October 23, 2013, the Defendant made a registration for the establishment of the second priority collective security right of KRW 250 million to the said land and borrowed KRW 150 million to the said C, and made a payment of KRW 100 million to the said C in the purchase price, etc.

Accordingly, in order to secure access roads for the construction of the above urban residential housing around October 29, 2013, the Defendant purchased the land of 257 square meters from the Busan Metropolitan City, Dongdong-gu, Busan, and 256.29 square meters from the land of 256.29 square meters and 115 square meters from the land of K in order to secure access roads for the construction of the above urban residential housing (hereinafter “instant land”) between the Defendant and B with the above I, at the purchase price of 1.2 billion won, and the down payment is KRW 10 million on the date of the contract, and November 11, 2013.