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(영문) 서울북부지방법원 2018.02.21 2016고단4354

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 30, 2015, the Defendant was sentenced to a suspended sentence of two years on June, 2015, due to a violation of the Guarantee of Workers' Retirement Benefits in the Incheon District Court’s Branch Branch Branch, etc., and the judgment became final and conclusive on November 7, 2015.

On December 23, 2013, the Defendant made a false statement to E in charge of the victim’s copper Steel (ju) located in Gyeyang-gu, Gyeonggi-gu, Gyeonggi-do, that “The Defendant would provide an amount equivalent to KRW 440 million at the market price of four parcels of land, including 681m2, G, 1,415m2, H, 86m2, and 14,28m28m2, all of which are located in the Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do, which was operated by the Defendant, as security, to the employees in charge of the victim’s copper Steel (ju) office.”

However, in fact, on November 2012, the Defendant: (a) purchased real estate in the name of the buyer from the seller before the buyer paid the down payment of the real estate in advance; and (b) purchased at KRW 1.1 billion from the buyer to the buyer’s creditor; (c) under the condition of security (such as an agreement under which the buyer paid the down payment of the down payment of the real estate in advance; and (d) the buyer received the credit payment of the goods as the sales proceeds; and (d) purchased at KRW 1.1 billion from the buyer of the Defendant’s creditor (a debt amount of KRW 500 million), but (d) was set up a maximum amount of KRW 1 billion in the claim amount in the name of the Defendant’s creditor, the Defendant did not have the ability to pay the purchase proceeds; and (e) was unable to provide the seller with the real estate purchased on the condition of security on the condition that the real estate was sold by auction to the seller as security; and (e) around December 23, 2013, purchased the above two million won on the condition of security payment for the victim’s property.