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(영문) 제주지방법원 2017.07.12 2017고정172

사기

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 8, 2012, the Defendant was sentenced to imprisonment of 8 months in the Jeju District Court for fraud, 2 years in probation, and 3 years and 6 months in the Jeju District Court on July 16, 2015, and 2 months in prison.

The defendant operated C (State) as an enterprise of the planning division, and operated a business to acquire profits from resale by purchasing and re-sale real estate with capital of others, but the interest of loans in real estate economic depression is accumulated, and the employee failed to pay a monthly salary.

On August 4, 2009, the Defendant entered into a contract with the victim for purchase of KRW 156,50,000,000, the amount of KRW 2,589,000,000 prior to E in Seopopopo City owned by the victim D on August 4, 200. On January 5, 2010, the Defendant sold the above E land unregistered on January 5, 201, and paid KRW 106,50,000,000 out of the remainder of KRW 156,50,000,000 in the status of paying the remainder of KRW 30,50,000,00 in the said land as security, and the Defendant sold the said land under the condition that the Defendant promised to pay the above loan after the completion of the loan. The Defendant still paid the remainder of KRW 20,000,000 in the remainder of the loan to be repaid.

On April 29, 2010, with the consent to the resale of unregistered registration from the injured party, the victim received a real estate transaction delegation accompanied by the victim's certificate of seal impression.

On May 5, 2010, as the defendant prepared a purchase and sale contract with the victim on behalf of the victim on F land by using the power of attorney, and the defendant received the full amount of KRW 108,01,000 from G from the buyer by July 13, 2010, the victim was responsible for returning the purchase and sale contract to G, etc.

Nevertheless, the Defendant did not inform the victim of the fact, and instead of paying the remainder of F land on June 15, 201, the Defendant repaid the amount of KRW 30,000,000 in the balance of the borrowed money that the victim received from a member of an agricultural cooperative on the security against it, and then the victim paid the amount of the loan to the victim.