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(영문) 제주지방법원 2020.01.08 2018고단2952

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant, at Jeju City, as a person operating C in Section B, and as a result, came to know of the fact that the victim D, the branch, entered into a contract with F, G, and H3 lots of land (hereinafter “instant land”) in the Jeju-si Co., Ltd., Ltd. (hereinafter “original buyer”), with the purchase price of KRW 1.7 billion, the Defendant concluded a provisional contract with K’s agent for the purchase of the instant land and the land purchase price of KRW 2.19 million at a low price. Accordingly, the victim’s husband J, around January 17, 2017, concluded a provisional contract with the Defendant on the land purchase price of KRW 2.19 billion at the same price.

On January 18, 2017, the Defendant: (a) at the C office of a stock company operated by the Defendant on the fifth and fifth floor in Jeju-si, Jeju-si; (b) “A business fund is required to carry out the sales business within the land to be purchased. If the Defendant first lends KRW 50 million with the business fund; (c) is used to carry out the sales business; and (d) is made in a normal manner; and (e) is to ensure that the purchase price of the land is fully paid KRW 2.19 million with the sale price of the land. In addition, the Defendant concluded that the sales contract between the seller and the buyer is terminated due to the failure to carry out the business smoothly, he/she would consider the amount of KRW 50 million as the borrowed money if the sales contract between the seller and the buyer is terminated; and (e) is paid KRW 5

However, at the time, the Defendant predicted the establishment of provisional disposition on the instant land by the original buyer, and did not cooperate in the legal measures of the victim corresponding to the establishment of provisional disposition by the original buyer, and did not have the intent or ability to normally carry out the project, such as not applying for construction permission, and the progress of the project from the victim to the I et al. who is the business partner.