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(영문) 춘천지방법원 2018.02.13 2016고단1109

사기

Text

A person shall be punished by imprisonment with prison labor for not less than six months for a crime of 1 or 2 of the judgment of the defendant.

However, from the date this judgment becomes final and conclusive, each.

Reasons

Punishment of the crime

[criminal records] On August 8, 2012, the Defendant was sentenced to a suspended sentence of one year to six months of imprisonment for fraud at the Chuncheon District Court on October 12, 2012, and the judgment became final and conclusive on October 12, 2012. On July 21, 2016, the same court was sentenced to one year and six months of imprisonment for fraud, etc. and the judgment became final and conclusive on October 13, 2016.

[Criminal facts]

1. On December 28, 2011, the Defendant concluded a sales contract with the Defendant of Hongcheon-gun Defendant’s “D” office on December 28, 201, with the victim E, for the purchase price of KRW 260 million at KRW 260,000,000, in which the Defendant concluded a sales contract with the Defendant of Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, the Defendant concluded with the victim E to the effect that “If the Defendant provided the Plaintiff with the real estate purchase price of KRW 260,000,000,000, the Defendant would complete the registration of ownership after the termination of the right to collateral security (a comprehensive collateral security of KRW 40,000,000,000) established

However, the Defendant received the payment from the injured party at the time, and the Defendant thought at the time that he would use the payment for the construction work in progress in Hongcheon-gun K, Hongcheon-gun, and there was no intention or ability to terminate the right to collateral security by repaying the debt to the J.

Nevertheless, the Defendant received 60 million won from the injured party for the purpose of down payment and intermediate payment, and from that time, received a total of 200 million won from January 28, 2013 as the purchase price, but did not terminate the right to collateral security, which eventually led to the commencement of voluntary auction by the creditor J on November 19, 2014.

Accordingly, the defendant was given property by deceiving the victim.

2. On July 9, 2012, the Defendant entered into a sales contract with the Defendant on July 9, 2012, Hongcheon-gun Defendant’s “D” office of the Defendant of Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Gangwon-do, Hongcheon-do, with the victim E and L, with the purchase price of KRW 1.60,000,000,000 for the remainder payment, and thereafter, the Defendant obtained construction and construction permission for the warehouse 100 square meters prior to the remainder payment.