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(영문) 서울중앙지방법원 2018.09.14 2016고합1376

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A For each of the crimes listed in sub-paragraph (b), (c), (e), and (f) of the Decision of the Case No. 1376, 2016, two years, respectively.

Reasons

Punishment of the crime

On January 15, 2013, Defendant A was sentenced to one year and six months of imprisonment for fraud at the Seoul Southern District Court, and two years of suspended execution on March 13, 2014. On June 9, 2017, Defendant A was sentenced to three years of imprisonment for fraud, etc. at the Seoul Southern District Court, and the judgment became final and conclusive on August 11, 2017.

"2016 Gohap 1376"

1. The sole crime committed by Defendant A;

A. The Defendant, around July 2010, concluded a contract with D to purchase the instant slaughterhouse building and facilities located on the land of Gangnam-gun E, F, G, H, and the slaughterhouse building and facilities on the ground thereof (hereinafter “the instant slaughterhouse”) with D amounting to KRW 4.2 billion, and the contract was rescinded because it paid part of the down payment of KRW 1 billion, but the remainder was not paid. On October 2010, the Defendant concluded a contract to purchase the instant slaughterhouse at KRW 42.8 billion and paid KRW 420 million as down payment, etc., but the remainder was not paid.

After that, on March 3, 2012, the network I and J established K (hereinafter “K”) and entered into a contract to purchase the instant slaughterhouse at KRW 6.5 billion with D, and paid approximately KRW 1.9 billion with the net I’s funds as contract deposit and intermediate payment. On June 15, 2012, the instant slaughterhouse’s ownership was transferred to K under the name of K while the balance that the slaughterhouse would receive a loan as security was unpaid, but the said balance was not paid on the grounds of D’s ownership dispute with D’s partners. On September 3, 2012, LI established a collateral security right of KRW 1.9 billion with the purchase price paid under the consent of J and D as collateral.

In such a situation, on September 6, 2012, J was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by the Gwangju District Court on September 6, 201, and the GI was detained by law for a period of one year and six years, and on October 13, 2012.