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(영문) 인천지방법원 2016.09.22 2016고단295

사기등

Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, fraud against theO is acquitted. It is so decided as per Disposition.

Reasons

Punishment of the crime

[Criminal history] The Defendant was sentenced to five years of imprisonment for fraud, etc. at the Incheon District Court on February 3, 2016 and the judgment became final and conclusive on February 12, 2016.

[2] On December 27, 2013, the Defendant: (a) concluded a contract with the victims to purchase KRW 220,3750,000,000,000,000,000 won for KRW 122,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00,00,00.

The phrase “ makes a false statement.”

However, in fact, the defendant was not capable of operating a fixed place due to bad credit, and there was no intention or ability to pay the purchase price to the victims, under the circumstance that he was investigated by 10 persons including W, etc. about criminal charges for fraud, and was urged to pay debts, and he was able to use the funds through the establishment of a collateral security right in advance and the transfer of ownership in the real estate owned by the victims, and there was no intention or ability to pay the purchase price to the victims.

From the victim R on December 27, 2013, the Defendant: (a) obtained registration of the establishment of a collateral security right of KRW 200 million from the maximum amount of the claim to “the instant land”; (b) obtained the pecuniary benefit equivalent to the maximum amount of the claim; (c) obtained the registration of the transfer of ownership of the instant land from the victim S and T on January 19, 2014; and (d) obtained the registration of the transfer of ownership of the instant land; and (e) obtained the registration of the transfer of ownership from the victim S and T, acquired the said land in an amount of KRW 2

"2016 Highest 1242"

1. A victim;