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(영문) 대구지방법원 영덕지원 2016.09.23 2016고단54

사기등

Text

Defendant

A Imprisonment with prison labor for a period of three years and six months, imprisonment for a period of six months, and imprisonment for a period of one year for a defendant C.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A was released on June 29, 2012, when he was sentenced to three years of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in the Daegu District Court's Port on July 23, 2009, and was released on June 29, 2012 and the parole period passed on July 21, 2012.

1. Defendant A prepared a real estate sale contract in which the sale price is collected, and used it to obtain a loan from a financial institution in proportion to the amount fixed from the financial institution.

A. On August 6, 2013, the Defendant, on July 31, 2013, submitted a real estate transaction agreement with the purport that “The Defendant, at the Fund of G Saemaul G, Daegu-gu, Daegu-gu, (a) purchased the said three parcels in the Defendant’s name from J to KRW 36 million in total.”

However, even if the Defendant was to purchase the said three parcels from J with 100 million won, it was found that the Defendant prepared a false purchase amount with 336 million won, and there was no intention or ability to repay the said three parcels even if he received a loan from the injured party.

The defendant deceivings the victim as above and acquired 200 million won from the victim as a loan on August 6, 2013 after receiving 200 million won from the victim.

2) On September 27, 2013, the Defendant submitted a real estate sale contract with the purport that “The Defendant, at the place indicated in the foregoing paragraph (1) on September 16, 2013, borrowed KRW 180,000,000,000,000,000,000,000,000,000,000) to B as security” at the location indicated in paragraph (1) of the same Article, and submitted a real estate sale contract with the purport that he purchased the said land from

However, even if the Defendant was to purchase the above land from M with M in 56 million won, it was prepared with a false purchase price of 35.76 million won, and even if he was given a loan from the injured party, the Defendant’s intent or ability to repay the purchase price.