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(영문) 서울서부지방법원 2015.12.10 2014고단609

조세범처벌법위반등

Text

The defendant shall be punished by imprisonment with prison labor for one year and two years for the remaining crimes against the victim E.

Reasons

Punishment of the crime

[criminal power] On October 28, 2010, the Defendant was sentenced to one year to a suspended sentence of eight months for fraud at the Seoul Western District Court on November 5, 2010, and the judgment became final and conclusive on November 5, 2010. On February 18, 2014, the same court was sentenced to two years of a suspended sentence of one year and six months for fraud, etc. and the judgment became final and conclusive on February 26, 2014.

[2014 Highest 1947]

1. The Defendant, who committed a crime against the Victim F, was required to repay the Defendant’s debt of KRW 800 million by creditors G and H against the Defendant, provided the Victim F’s real estate as security, and was in a plan to escape debt collection.

On October 15, 2012, the Defendant concluded a contract with the J in the building owner by paying H and 500 million won to the victim in the mutual influent car page located in Guro-gu Seoul Metropolitan Government (Seoul Gangseo-gu). However, on the ground that there is no money in the inside, the Defendant made a false statement that the Defendant would purchase the said land at KRW 650 million by the P influence, the owner of the I building, on the land of Hong-gun-gun, Hongsung-gun, the Republic of Korea.

However, at the time, the Defendant did not have any plan to purchase H and the above building or the sales contract for the above building was in progress. At the time, the Defendant did not have any property under the Defendant’s name, and debts exceeded KRW 1 billion, and was planning to provide the above land as security due to bad credit standing. Even if the victim was to establish a right to collateral security on the above land, there was no intent or ability to sell the above land and pay KRW 650 million to the victim.

Nevertheless, the Defendant immediately set up the second priority mortgage registration for the land of Chungcheongnam-gun, Hongsung-gun, the maximum debt amount of which is set up as KRW 225 million with the maximum debt amount of KRW 150 million, and the second priority mortgage registration for the debtor, the debtor, and the mortgagee H, which is the maximum debt amount of KRW 80 million with the maximum debt amount of KRW 150 million.