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(영문) 서울북부지방법원 2013.11.01 2013고합172

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On November 1, 2012, the Defendant was sentenced to the suspended sentence of 8 months for a violation of the Punishment of Tax Evaders Act by the Seoul Northern District Court on November 1, 2012, and the said judgment became final and conclusive on November 9, 2012.

【Criminal Execution Office】

1. The crime against the victim C [2013 Gohap172] The Defendant is the real representative of D Co., Ltd., and the single comprehensive cable is the creditor of D Co., Ltd., and the victim C is the owner of 1,970 square meters prior to E at the time of strike.

The Defendant was urged to pay the amount equivalent to KRW 230 million from the Japanese Integrated Electric Cable, and the Defendant concluded a sales contract with the victim for the above land when the amount was equivalent to KRW 500 million, not only did not have the intent or ability to pay the purchase price, but also did not have the intent or ability to terminate the right to collateral security established on the above land when delayed payment of the purchase price. However, even though the Defendant did not have the intent or ability to terminate the right to collateral security established on the above land by making the Japanese Comprehensive Electric Cable as the obligee, he did not notify the victim of the above obligation, without having notified the victim of the said obligation.

On October 19, 2011, the Defendant purchased the land on the part of the Party from the “G real estate” located in the “F on October 19, 201,” to the victim in the “G real estate amounting to KRW 894 billion.

First of all, a promissory note with a face value of KRW 30 million shall be kept, and a down payment of KRW 40 million out of the down payment of KRW 60 million shall be refunded by November 15, 201.

Moreover, the remainder down payment of KRW 20 million shall be paid on November 21, 201, and the intermediate payment of KRW 350 million shall be paid on six occasions from December 201 to May 2012, 201, and the balance of KRW 484 million shall be paid on June 25, 2012, and the balance of KRW 190 million shall be paid on June 25, 201, and the balance of KRW 100 million which the Party had received as security prior to the payment shall be paid unless it is succeeded.

However, if the land is provided as security to the Han Electric Cable Co., Ltd. which is a trading company, goods from the customer.

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