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(영문) 수원지방법원 성남지원 2014.05.22 2014고단258

사기

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.However, the execution of the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 27, 2009, the Defendant was sentenced to a suspended sentence of ten months for fraud at the Seoul Northern District Court, which was sentenced to a suspended sentence of two years on April 4, 2009.

On January 31, 2008, the Defendant, at the D real estate consulting office operated by the Defendant in Gangnam-gu, Seoul on January 31, 2008, made a false statement to the effect that “If the Defendant purchases the above land in the amount of KRW 84,360,000 at a higher price within three months, the Defendant would transfer the ownership of the above real estate and return the amount of KRW 7,770,000 for the total amount of KRW 35,00 per square year after deducting the amount of KRW 35,00 from the purchase price.”

However, in order to secure G’s obligation of KRW 250 million, the Defendant completed the registration of the right to claim ownership transfer on the said land under G’s name on October 19, 2007, and even if the office funds were insufficient at the time to receive intermediate payments and remainder payments from the victims, the Defendant planned to use them as the office’s operating funds, etc. even if the office funds were to be paid out of the victims due to lack of office funds, and the Defendant planned to repay obligations to G by borrowing money from the bonds company with the above real estate as collateral, so the Defendant did not have any intent or ability to complete the registration of ownership transfer to the victim by releting the above real estate within three months even if the Defendant received the payment from the

The Defendant, as above, by deceiving the victim, received KRW 8 million from the victim on January 31, 2008, around February 11, 2008, KRW 36360,000 from the victim, and received KRW 4240,000 from H upon the victim’s request that the third party lend KRW 40,000,000,000 from H around February 11, 2008. The Defendant was exempted from the Defendant’s obligation to H on February 11, 2008, KRW 20 million on the same day.