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(영문) 인천지방법원 2017.06.08 2015고단5600

사기

Text

Defendant

A Imprisonment with prison labor of 1 year and 10 months for the crimes of 1, 2-b and 3-2 of the judgment of A, and 2-2 of the judgment.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to eight months of imprisonment for fraud at the Incheon District Court on October 14, 2010, and the judgment became final and conclusive on December 14, 2010, and completed the enforcement of the sentence at the Incheon Detention House on January 25, 201.

[Criminal facts] [2015 Highest 5600] (Defendant A)

1. The Defendant: (a) concluded a real estate sales contract with the J-J that was delegated with the authority to sell by E and G, with the intent to newly construct a 2,412 square meters of F forest and forest and a G-owned land; (b) the Defendant agreed to pay a total of KRW 1.26 billion on May 25, 2012; (c) an intermediate payment of KRW 1 billion on June 29, 2012; and (d) an intermediate payment of KRW 1.6 billion on July 31, 2012, with the remainder of KRW 1.6 million on July 31, 2012.

On April 2012, the Defendant stated that “Around the end of 2012, the Defendant borrowed KRW 1.2 billion from the victim K and L to purchase and borrow land, and only a land sales contract was made in Incheon Agricultural Cooperatives. However, as it is difficult to pay the down payment if the contract was made at the party, it is difficult to pay the down payment, so the Defendant would have to pay the down payment within one week if he/she lends the down payment of KRW 1.1 billion.”

However, the Defendant had no particular property at the time, and was unable to obtain a loan under the Defendant’s name due to bad credit standing. On October 6, 201, in the above forests and fields, the right to collateral security was established in the creditor YY branch, E, debtor and G, and the maximum amount of 784,000,000 won. On January 26, 2012, the said forests and fields were appraised in an amount equivalent to KRW 1,107,656,000, and registered again on January 26, 2012 as the right to collateral security was changed to the maximum amount of KRW 994,00,000 for the Defendant to obtain additional loans as collateral. Although the Defendant needed to obtain the above forests and fields, the credit standing in the name of the lender is excellent, or there was no need for the smooth construction of forests and fields, etc., the said forests and fields may not be used from the victims.