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(영문) 대전지방법원 천안지원 2014.11.21 2014고단538

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

On November 18, 2005, the Defendant was sentenced to six months of imprisonment for fraud at the Daejeon District Court on November 18, 2005, and completed the execution of the sentence in the Daejeon Prison on January 13, 2006.

In addition, on July 16, 2008, the Defendant was sentenced to four months of imprisonment for a crime of fraud in the Seocheon Branch of the Daejeon District Court on October 3, 2008 and the judgment was finalized on September 26, 2009 on May 13, 2009, sentenced to two years and four months of imprisonment at the Daejeon District Court on September 26, 2009. On February 6, 2014, the judgment was finalized on June 26, 2014.

On February 12, 2008, the Defendant entered into a sales contract with the victim E for a parcel of land, other than 1853 square meters in the Seo-gu, Seoan-gu, Seocheon-si, Yan-si (hereinafter “instant parcel of land”), and paid the remainder of KRW 200 million on February 12, 2008, the intermediate payment of KRW 200 million on May 12, 2008, and the remainder of KRW 200 million on August 12, 2008.

On February 12, 2008, the Defendant stated, “The purchase price is KRW 600 million, and the instant land is KRW 600 million to the bond company as security, and the victim would bring about KRW 400 million, and the remainder amount is KRW 200 million after six months.”

그러나 사실 피고인은 처음부터 이 사건 토지를 매수할 의사 없이 피해자에게 접근하여 이 사건 토지를 담보로 제공하게 한 후 차용금의 일부를 지급받아 가로챌 생각이었을 뿐이고, 피해자에게 약정대로 매매대금을 지급할 의사와 능력이 없었다.

The Defendant, by deceiving the victim as above, has the victim set the right to collateral security, which causes 900 million won to the obligor and the maximum debt amount, with respect to the instant land to I et al., and the Defendant received a loan of KRW 600 million, and did not pay the remainder of KRW 200 million out of the purchase price to the victim, and did not pay the victim a balance of KRW 400 million.