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(영문) 수원지방법원 2016.02.16 2014고합693

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

G, G, managing director, H, executive director, G, etc., who is the representative director of 2014 Gohap 693 (State), and the Defendant without a certain occupation, committed re-performance while having no intention or ability to purchase the land, and purchased the land owned by the victims after having access to the J of the seller, although he did not have any intention or ability to purchase the land. As a safety device to prevent double selling of the land to the victimJ, who did not have knowledge of the business, such as the provision of security, etc., by deceiving the establishment of the right to collateral, and by inducing the applicant to sign the documents, etc. of establishing the right to collateral security on the land. The Defendant borrowed funds from the bond company using the right to collateral security, and the Defendant

In the instant indictment, this part of the facts constituting the crime are stated as set forth in Section 1-A of the part not guilty below, but the part not guilty as set forth in Section 1-B of the part not guilty below was revised as above.

On June 28, 2011, the Defendant, upon receipt of the G’s order, concluded a sale contract on the condition that the Defendant would pay a total of KRW 420 million, the down payment amount of KRW 60 million, and the balance of KRW 453 square meters within four months between the victim J and the victim J at the F Office located within 404 of K Building 404 (State), the Defendant concluded a sale contract with the victim J on the condition that the Defendant would not make a double sale until the payment of the balance after obtaining a land transaction permission. In short, the Defendant concluded a false statement with the victim J on the condition that the Defendant would not set up a collateral security right of KRW 30 million.

However, the defendant and the above G did not have the intention or ability to purchase the above land from the victims, and it was thought that they borrowed money from the bond company after being provided with the documents for establishment of the right to collateral security from the victims.

The defendant and the above G deceiving the victim J as such, and they are from the victim J.