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(영문) 울산지방법원 2013.10.10 2013고단519

사기

Text

Defendant shall be punished by a fine of KRW 20,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 2010, the Defendant: (a) knew on October 2010, the victim C intended to sell the land of 773 square meters in Ulsan-gu, Ulsan-gu, the victim owned; (b) knew that there is a person seeking to purchase the said land because it is difficult to develop such land because it is located in the area for excavation of cultural heritage; and (c) had the victim obtain a loan from the victim on the opportunity to purchase the said land; and (d) acquired

1. From November 17, 2010 to January 24, 2011, the defrauded Defendant stated that “The instant land is purchased. The purchase price shall be KRW 320 million, but the said land shall be KRW 400 million shall be loaned and the purchase price shall be paid by borrowing KRW 400 million in preference to the security of the said land.”

In addition, around October 27, 2010, the Defendant: “The land of this case is difficult to lend 400 million won, 200 million won first, and paid as the purchase price to the victim at the Ulsan-gu Incheon Metropolitan City, Seo-gu, Ulsan-do, Ulsan-do, Ulsan-do, Ulsan-do, Fisheries Cooperative, Ulsan-do.” (hereinafter “Ulsan-do”); instead, G, the denied employee of the company, as the debtor, was changed by transferring one-third of the shares of the said land in G name.”

As the victim accepted this, on November 16, 2010, the victim made a false statement that “If the victim lends the above purchase price to B with business expenses, etc., he/she shall pay interest at an annual rate of 6.5%, and if the two months are elapsed, he/she may receive additional loans after the completion of the excavation of cultural heritage.”

However, the Defendant had no intention or ability to implement the above agreement or to repay the borrowed money, because there was no certain income, compared to the Defendant’s obligation already reaches KRW 350 million.

Nevertheless, the Defendant, from the victim on November 17, 2010, transferred the ownership of 1/3 shares of the said land to G at the Ulsan-gu Fisheries Cooperatives, Ulsan-gu, Ulsan-do, U.S., Ulsan-do, U.S., Ulsan-do., U.S., U.S.A.