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(영문) 서울중앙지방법원 2016.08.09 2016고단850

사기

Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 17, 2012, the Defendant was sentenced by the Seoul Central District Court to a two-year suspended sentence of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and the judgment becomes final and conclusive on May 25, 2012. On May 11, 2015, the Defendant was sentenced to a eight-month imprisonment for a crime of fraud at the Jung Government District Court, which became final and conclusive on July 20, 2015.

9. 14. A person released from a governmental prison at maturity.

From October 2010 to May 30, 201, the Defendant traded with the victim D at the discounted check, and around December 31, 2010, the Defendant set up a right to collateral security (77,000,000 won for an apartment of Gangnam-gu Seoul E apartment owned by the Defendant as the victim D with respect to the maximum claim amount of 107,00,000 won for the apartment of 101,62 million won.

On June 9, 2010, the Defendant was a member of the F apartment reconstruction and rearrangement project association, and entered into an apartment supply contract with the said association to purchase the apartment house in Gangnam-gu Seoul, which was newly constructed pursuant to the said reconstruction and rearrangement project. On June 9, 2010, the Defendant entered into a loan agreement including a special agreement with the above bank to set up the first priority collateral security right of 732 million won at the above bank in the event that the ownership preservation registration of the above apartment is completed in the name of the Defendant with respect to the above apartment in the name of the Defendant at the location of the above apartment.

In addition, the above apartment was agreed to set up a collateral security on the apartment at the city, and the loan contract was concluded including a special agreement to set up a collateral security amount of KRW 960 million in total with the maximum amount of the claim by borrowing money from the Korean Commercial Bank, Korea Light Bank, Korea Bank, and Korea Bank The Hague Branch, etc.

On May 4, 2011, the Defendant sold E apartment units to the victim D on May 4, 201, and sold the reconstructed apartment units to the victim D.