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(영문) 대구지방법원 서부지원 2016.04.21 2016고합34

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to eight months of imprisonment for a violation of the Illegal Check Control Act in the Busan District Court’s Vice Branch on December 1, 2011, and the said judgment was finalized on August 20, 2012. On October 4, 2013, the Incheon District Court was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Incheon District Court’s Vice Branch Branch, and the said judgment was finalized on April 30, 2014. On July 17, 2014, the Daegu District Court sentenced two years of imprisonment for a crime of fraud and became final and conclusive on October 15, 2014.

[2] On September 16, 2010, the Defendant purchased three parcels of land, such as F, G, H, etc. (hereinafter “C”) owned by the President, from a certified judicial scrivener office located in Yangcheon-gu Seoul Metropolitan Government around September 16, 2010 to 1.82 billion won.

However, if the company I, a corporation selling Tolben B before receiving the purchase price, establishes the right to collateral security in the future, the company will receive and sell Tolben B and appropriate a part of the purchase price for the proceeds.

It is necessary to reduce the documents necessary for the cancellation of the establishment of the right to collateral security while setting up the right to collateral security, and immediately cancel the right to collateral security when making payments.

By February 28, 2011, the Defendant concluded a contract with the victim to trade the instant land with the victim for KRW 1.82 billion, and received documents necessary to set the maximum amount of KRW 750 million for the claim-based collateral security of KRW 750,000,000 from the injured party to the instant land, and KRW 1.82,000,000,000,000,000,000,000 won.

However, in fact, the Defendant did not have any property, and only between K and K that operates the J, set up a mortgage of the maximum amount of KRW 750 million against the claim amounting to KRW 750,000,000,000 to creditors of the instant real estate, which is the business partner of J, Co., Ltd., Ltd., and made K receive KRW 400,000,000,000 from K in return.