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(영문) 수원지방법원 안산지원 2017.11.23 2016고단3582
사기
Text

A person shall be punished by imprisonment with prison labor for not less than two months, with prison labor for not less than two months, and for not less than two or three crimes as prescribed in the judgment of the defendant.

Reasons

Punishment of the crime

On January 4, 2012, the Defendant was sentenced to four months of imprisonment for fraud and six months of imprisonment for the purpose of fraud in the assistance in Ansangwon, and the said judgment became final and conclusive on March 30, 2012, and was released on September 28, 2012 in the Suwon detention center and the parole period expired on November 5, 2012 during the execution of the sentence.

"2016 Highest 3582"

1. On September 18, 201, the Defendant would wish to purchase the victim E, the owner of the building, for KRW 170 million, KRW 501,000,000,000,000,000,000,000,000,000.

The down payment of KRW 50 million shall be paid at the cash, and KRW 115 million out of the purchase price shall be paid with a loan of KRW 501,00,000 from the loan of this case as security, and the remainder of KRW 50,000 shall be paid after moving in.

‘A false statement' was made.

However, in fact, the Defendant had a personal debt worth KRW 170 million at the time, and the golf practice hall operated by the Defendant had not been operated so that the overdue management fee would be KRW 20 million, and the overdue management fee would be deducted from KRW 70 million due to the failure to pay monthly rent, and there was no intention or ability to pay the remainder of KRW 50 million even if the Defendant moved in after having completed the registration of ownership transfer from the victim due to the lack of any particular property or income.

The Defendant concluded the instant loan 501 in the name of the victim and the Defendant’s wife G, and around that time, occupied the instant loan 501. On November 2, 201, on the instant loan 501, the Defendant received the registration of ownership transfer in the name of the said G and did not pay any balance of KRW 50 million, even though he/she completed the registration of ownership transfer in the name of the said G.

2. On January 16, 2013, the Defendant would wish to purchase the victim H, the owner of the building, for KRW 140 million, the amount of KRW 402,00,000,000,000,000,000,000,000.

20 million won of down payment.

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