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(영문) 인천지방법원 부천지원 2013.10.04 2012고합259

특정경제범죄가중처벌등에관한법률위반(사기)

Text

Defendants shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

Defendant

A was sentenced to eight months of imprisonment for a violation of the Illegal Check Control Act in the Busan District Court’s Branch on December 1, 2011, and the said judgment was finalized on August 14, 2012. On April 28, 2011, Defendant B was sentenced to two years of imprisonment for fraud in the Gwangju District Court’s Seoul District Court’s interest support, and the said judgment became final and conclusive on July 11, 201.

Defendant

A around May 26, 2010, at the first office operated by the victim H in Jongno-gu Seoul Metropolitan City G market A725-1, around 2010, Defendant A purchased a total of four parcels of land (hereinafter “instant land”) such as J (19,220 square meters), K (21,620 square meters), L (9,917 square meters), M (6,843 square meters) owned by the victim, with the purchase price of KRW 3 billion, KRW 1.5 billion in total, the down payment and part of the above purchase price as a debtor, N as a mortgagee, and the purchase price of the instant land as a collateral security (hereinafter “the remainder of the purchase price”) to the seller of the instant land with the maximum debt amount of KRW 40 million as a collateral security, and at the same time, the seller of the instant land as a collateral security agreement to obtain loans from agricultural cooperatives and to pay the remainder of the purchase price to the seller of the instant land with the remainder of the purchase price or the remainder of the sale.

However, in fact, Defendant A did not have any property at the time and did not have any specific plan to develop and sell the instant land as a house site, and even if it purchased the instant land, there was no intention or ability to pay an intermediate payment and a balance of KRW 1.5 billion.