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(영문) 광주지방법원 2017.08.17 2016고단5689

사기

Text

Defendant 1. Crimes No. 1. Imprisonment with prison labor for not less than 2 months, and 2. Imprisonment with prison labor for not more than 6 months.

Reasons

Punishment of the crime

On July 7, 2010, the Defendant was sentenced to one month of imprisonment with prison labor, one month of imprisonment with prison labor, and one year and four months of imprisonment with prison labor in the Chuncheon District Court's original branch on November 15, 2012, and the execution of the sentence became final and conclusive on July 6, 2013. On July 7, 2015, the Defendant was sentenced to six years of imprisonment with prison labor and one year of imprisonment with prison labor for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes at the Chuncheon District Court on July 7, 2015, and the judgment became final and conclusive on January 28, 2016, and on June 14, 2017, the judgment became final and conclusive on June 22, 2017.

1. On November 30, 201, the Defendant committed the crime of around December 2011, the Defendant acquired the status of the representative director of the company E with limited liability (hereinafter “E”) from the victim D in the ginseng plant located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and decided to purchase the F land and buildings (hereinafter “E”) in the previous Eup/Y, the ownership of the said company, from E, to purchase the said company from E, the KRW 1.16 million out of the price is deemed to succeed to the obligation of the right to collateral security established on the instant Eup/Myeon, instead, the Defendant paid KRW 100 million in cash to the victim.

After that, on December 1, 2011, the Defendant made a false statement to the effect that “The amount of KRW 60 million out of the 100 million amount to be paid to the victim is 40 million won or less in lieu of the victim’s obligation to G with respect to G.”

However, in fact, even if the defendant had a debt equivalent to KRW 2 billion at the time, and acquired the ownership of the real estate of this case from the injured party, he did not have an intention or ability to pay the price to the injured party.

The Defendant: (a) by deceiving the victim and taking over the status of the representative director E on the same day; and (b) transferred the ownership of the real estate in the Eup/Myeon of this case, the Defendant did not pay 4 million won out of the price and did not pay 36 million won; and (c) acquired pecuniary benefits equivalent to the same amount.

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