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(영문) 수원지방법원 여주지원 2016.01.18 2014고단964

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

"2014 Highest 964"

1. On June 23, 2011, the Defendant against the victim D, at the Defendant’s residence located in Yangyang-gun, Gyeonggi-do, the Defendant purchased approximately KRW 1,548 square meters from F to the victim D ( approximately KRW 5,117 square meters of H forests and fields divided on December 1, 201) from the Gyeonggi-do Yangyang-gun G. The Defendant could get a profit from the market price of KRW 4,50,000 per square year because he/she purchased KRW 2,50,000 per square year after purchasing KRW 2,50,000 per square year. As such, the Defendant said that he/she purchased KRW 400 of the real estate in question with KRW 10,00 per square year is false.

However, the Defendant purchased the above H land from F in the amount of KRW 400 million and did not hold a down payment of KRW 10 million. At the time, the Defendant did not notify the victim of the fact that: (a) KRW 2.2 billion was over-paid by the loan of real estate security and debentures; and (b) the Defendant did not first transfer the above H land and pay the balance of the purchase and sale by creating a mortgage; and (c) did not have any financial capacity to cancel the above mortgage and to register the transfer of ownership to the victim; and (d) in fact, the Defendant did not have any financial capacity to secure a purchaser of the above H land in the amount of KRW 4.50,00 per square year; (b) therefore, even if the Defendant entered into a sales contract with the victim regarding KRW 400,00 and received the purchase payment from the damaged person, there was no intention or ability to cancel the registration of the establishment of the said mortgage

Nevertheless, the Defendant received from the injured party the amount of KRW 7 million as part of the purchase price, which he had already incurred against the injured party on the relevant job, as a substitute for the amount of KRW 30 million on June 14, 201, KRW 16.15 million on June 16, 201, KRW 3 million on the 20 million on the 21th of the same month, KRW 2 million on the 21th of the same month, KRW 3 million on the 22th of the same month, KRW 2 million on the 24th of the same month, KRW 12 million on the 27th of the same month, KRW 2 million on the 27th of the same month, and KRW 2 million on the 28th of the same month, and the same year.

7.8.7 million won, 13.15 million won for the same month, 14.3 million won for the 14.3 million won for the same month, 2.7.2 million won for the same year, and the same month;

8.3 million won;