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(영문) 대전지방법원 2018.09.17 2017고단3007
사기
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

In March 2016, the Defendants would like to purchase the victim-owned land in Chungcheongnam-gun F (hereinafter “instant land”) for KRW 320 million from the victim’s “E” in the Daejeon Seo-gu C market. The Defendants would like to purchase the victim-owned land in the Chungcheong-gun F (hereinafter “instant land”).

The payment method is the method of payment of KRW 150,00,000,000 established on the above land is succeeded by us, and the remaining KRW 170,000,000 shall first be paid by us after completing the registration of transfer of ownership in the name of Defendant A, the above land shall be registered and a factory shall be established in the above land and the small and medium enterprise shall be loaned by us.

In the end, on April 8, 2016, the victim had the victim complete the registration of the transfer of ownership in the name of Defendant A with respect to the above land.

However, the Defendants were in a situation where the business performance of Defendant G operated by Defendant A was so poor that it was difficult for the Defendants to make profits, and Defendant B was in bad credit standing, and Defendant B was not prepared for the establishment of factories or the loan of funds for fostering small and medium enterprises, and the possibility of paying the balance of land purchase price to the victims is very low, and the Plaintiff was willing to obtain ownership transfer registration from the damaged party and use the instant land as business expenses for the purpose of the company’s operation expenses, etc., and thus, there was no intention or ability to repay the balance of land purchase price of KRW 170 million even if the registration of ownership transfer

Accordingly, on April 8, 2016, the Defendants conspired to deceive the victim, and caused the victim to complete the registration of ownership transfer in the name of the Defendant on the instant land, but failed to pay the balance of land purchase and sale KRW 170 million, thereby obtaining property gains equivalent to that amount.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of witness D, H, A, and B (Provided, That in cases of A and B, each part of the statements);

1. A protocol concerning the examination of suspect of a part of the prosecution against A (including the part concerning statement in B);

1. D. D.

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