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(영문) 인천지방법원 2017.06.29 2016고합770

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

" 2016 Gohap 770"

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) (hereinafter “association”) had the right to receive a site for livelihood countermeasures from the Korea Land and Housing Corporation, and the victim E and F paid KRW 400,000,000 on the condition that they would pay KRW 1,50,000 from G holding the above right around November 16, 2015.

On November 25, 2015, the Mutual Association entered into a contract with the Korea Land and Housing Corporation and the Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul (Gu I) to purchase KRW 750.2m2m2 (hereinafter “instant site”) for KRW 2,182,50,000, and received a supply of a site for livelihood measures, and the victims paid KRW 218,250,000 for down payment to the Korea Land and Housing Corporation through J of the said head of the Mutual Association.

In December 2015, the Defendant entered into a verbal contract by acquiring the status of the purchaser from the victims who held the status of the actual purchaser of the above sales contract, and the terms and conditions thereof were paid KRW 720,000,000 to G by December 21, 2015, and repaid the remainder of KRW 1,100,000 to G instead of paying the remainder of KRW 1,100,000,000 as the down payment, but the payment date was extended by December 31, 2015, and the contract was not performed.

On December 31, 2015, the Defendant drafted a “Agreement on Land Sales Contract” which takes over the status of victims and buyers at the office of the victim F, which is located in the second floor of the Nam-gu Incheon Nam-gu Office, Incheon, and concluded to the effect that “The Defendant would take over the status of buyers pursuant to the said contract, and would obtain a loan from the victims, and repay the balance of KRW 620,000,000,000 to the end of January 30, 2016, and as security, make a provisional registration on the instant site.”

However, in fact, commercial buildings that the defendant intends to build are sold as approximately 4,164 square meters in total floor area.