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(영문) 제주지방법원 2014.12.11 2014고합111

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is a person who engages in the distribution business of swine machine.

The Defendant, while being supplied with pigs in “D” operated by C from August 2010 to January 2013, received a demand for payment, but failed to pay an amount equivalent to KRW 170,000,000,000, was asked to sell the F land and buildings on the ground thereof (hereinafter “each real estate of this case”) at Jeju, the Defendant was aware that the purchase and sale of the instant real estate was not sexually dead, and tried to use it for the purpose of paying his/her debt.

Around January 2013, the Defendant found in G at Furun Sed Hab G Hab, which was operated by the victim, and concluded that “The Defendant would purchase each of the instant real property owned by the victim in KRW 1.2 billion. The payment method of the purchase price would be 200 million per month after receiving the payment of the purchase price every month from the proceeds of the establishment of the mortgage at KRW 1.2 billion on D’s maximum debt amount. I would like to take over the existing debt of the victim in KRW 330 million and receive KRW 870 million in cash, and receive the registration of transfer of ownership in excess of the amount of KRW 870 million.”

However, in fact, since October 2012, the management of the defendant has deteriorated significantly, and around January 2013, the debt amount of the defendant exceeded KRW 170 million, and each of the real estate of this case has been provided to D as security.

Even if the victim is not likely to lead to an increase in sales as stated above, and the defendant was not able to purchase real estate from the victim because he/she was not able to actually bear the guaranteed liability due to the financial difficulties at the time of reorganization of the company and financial difficulties.

Around April 1, 2013, the Defendant, by deceiving the victim as such, had him/her belong thereto, and had him/her do so, at the K judicial scrivener office located in the JJ in the Jeju city, the maximum debt amount regarding each of the instant immovables.