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(영문) 제주지방법원 2020.02.20 2019고합118

특정경제범죄가중처벌등에관한법률위반(사기)등

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A defendant shall be punished by imprisonment with prison labor for twelve years.

Of the facts charged in the instant case, B, C, D, E, F, G, H, J, K, L, M, N,O, P, Q, Q, R, T.

Reasons

Punishment of the crime

At Jeju, the defendant is a person who actually operated AC, AD, and AE, a company implementing the AB other canal rain.

【2019 Height118】 The Defendant entered into a contract for the sale of the above canal wells AI around June 13, 2016, respectively, under the name of another canal wells AF, while AG entered into a contract for the sale of the above AJ in the name of each of the above companies after obtaining permission for construction in the name of AC, and around July 1, 2016.

However, around March 2017, the Defendant entered into a loan-type land trust agreement with AK and AG for the above canal wells AK and AG respectively. As the seller status of each of the above sales contracts has been transferred to AK and AL, the Defendant entered into a contract with the victim and the seller of each of the above sales contracts from AC to AK, and from AD to AL to AL.

On April 17, 2017, the Defendant concluded a modified contract with the victim in the model Hahice of the above canalle located in the Jeju-si, Jeju-si, stating that “The Defendant would reduce the interest amount for the prepaid period and make the transfer of ownership around January 2018, the scheduled date for completion of the contract to pay the balance of each unit to the victim in advance.”

However, at the time of fact, the defendant was thought to use the balance from the victim for the other business funds of the defendant. Since there was no authority to receive the balance from the above trust company, there was no intention or ability to transfer the ownership of the above units to the victim even if he received the balance from the victim.

On April 19, 2017, the Defendant deceivings the victim as above, and thereby, caused KRW 380,757,117 to be the remainder from the victim of the said canal wells AI.