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(영문) 인천지방법원 2015.10.08 2015고단4365

사기미수

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is a person who actually operates corporation E which operates welfare facilities for the aged on the ground that he is a representative director.

The defendant FF Co., Ltd. was changed to FF Co., Ltd. I on February 24, 2010, and changed to E on March 10, 201.

After purchasing H land from G in the course of operating the G, it was intended to complete and sell the 20 generation of the Dora 20 (1-2, 2, 8-2, 3-4 households at the same time) on the land above, but it was not sold. On April 2006, when auction was conducted for the 1, 301 and 2-402 of the 1, and the 14-household shares in the land while the construction of the facility was permitted to change the purpose of use to the welfare facility for the aged, and the construction of the facility was requested to help the G.

Accordingly, G and his relative job-friendly victim J jointly participated in an auction, and the victim invested KRW 100,000,000 in KRW 75,000 and KRW 175,000,000, and was awarded a successful bid on August 24, 2009, and registered the ownership transfer with joint shares on August 24, 2009. In addition, the victim paid KRW 250,000 to K, a person holding a provisional registration for seven households except for subparagraph 402 among the two households, and paid KRW 250,000,000 to the victim on September 15, 2009 after provisional registration was cancelled. The registration of ownership transfer was made on March 24, 2010 by a third-party agreement between the defendant, the victim, and the victim as the debtor on March 24, 201 and received KRW 320,000,000,000 under the name of G fisheries and returned the same amount as 2.

After that, the Defendant prepared on April 12, 2010 a “written rejection of investment in the Esanction Facility” between the victim and the victim and transferred the registration of transfer of ownership to I for the said real estate.