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(영문) 서울서부지방법원 2018.07.11 2016고단1780 (1)

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Seoul Western District Court on April 23, 2015, and the said judgment became final and conclusive on September 18, 2015. On November 25, 2015, Seoul Eastern District Court sentenced four months of imprisonment for fraud, and the said judgment became final and conclusive on April 4, 2016.

【Criminal Defendant and Defendant C, on January 22, 2015, purchase at E coffee stores located in Yongsan-gu Seoul Metropolitan Government, and Defendant C, on January 22, 2015, the victim F, “The Seoul Yongsan-gu G Site and Building (Commercial Building) owned by the party, in the amount of KRW 2.1 billion.

However, in order to make the transfer income tax less, it is defective in the form of investing the above real estate in the land processing company known to us. When investing the above real estate in the land processing company, it is possible for the land processing company to obtain loans as collateral and deal with the purchase price. However, there is no down payment, so the above real estate is not a down payment, and it is conducted in a way that lends the above real estate as collateral and appropriates the preferential down payment." The victim who believed the horse would have the said real estate loaned KRW 450 million from the lending company, which is a new communication special sign-up company, as collateral.

Defendant, etc. continue to pay 350 million won out of the borrowed money as down payment, and would pay the remainder of the remaining money within 2 months from the land processing company in advance at its expense and treat the bonds with no problem.

The phrase “ makes a false statement.”

However, in fact, the defendant et al. did not have any funds to purchase the above real estate and did not request a land processing company to pay the balance of the purchase and sale to the victim within two months with the investment of the above real estate, and to repay debts for the bonds. Therefore, even if a part of the loans are granted from the injured party, the real estate sales price or corporate bonds are paid.