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(영문) 수원지방법원 성남지원 2011.10.07 2011고단128 (1)
사기 등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant decided to sell land of 5,175 square meters in size 5,175 to the victim D with the introduction of the Republic of Korea, the Republic of Korea, Gyeong-gun, the Republic of Korea, and the sale price of which was KRW 100 million on April 25, 2005, and the same year.

4.26. Gold 70 million won, and the same year.

6.2. The sum of KRW 100 million and KRW 270 million have been transferred from the victim in entirety.

Therefore, although the Defendant had the duty to transfer the registration of ownership of the above land to the victim, the above C, who arranged for sale, did not cooperate before the registration, did not have the ownership in the future.

On September 208, in order to raise funds for the purchase of freezing towers necessary for the freezing food transportation business around 2008, they set up a security on the above land and received a loan, and in violation of their duties, they set up the right to collateral security as follows.

On September 30, 2008, the Defendant voluntarily set the right to collateral security of KRW 26 million in relation to the said land at the registration office of the Changwon-gun, Changwon District Court located in Sungsung-gun, Kim Sung-gun, which acquired the pecuniary benefits equivalent to the said right to collateral security, and caused the victims to incur property damage equivalent to the said amount.

The Defendant, at the same place on October 22, 2008, voluntarily set up the right to collateral security of KRW 110 million with respect to the said land at the same place, thereby acquiring the pecuniary benefits equivalent to the secured amount of the above right to collateral security, and assessed the victims with property damage equivalent to the same amount.

Summary of Evidence

1. The defendant's legal statement or part of co-defendant C's legal statement;

1. Legal statement of witness D;

1. A report on investigation (report accompanied by passbook acceptance certificate, etc.), report on the details of the purchase price of real estate and the results of tracking the flow of funds, investigation report (a confirmation of the place of use), investigation report (a copy of the copy of the register), investigation report (a copy of the land price calculation), investigation report (a report on telephone conversations), and a copy of a real estate sales contract.

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