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(영문) 서울북부지방법원 2017.07.06 2016고정1483
사기미수등
Text

Defendant

A A Fine of 7,00,000 won, Defendant B of the fine of 10,000,000 won, Defendant C and D of each fine of 5,00,000,00 won.

Reasons

Punishment of the crime

[Basic Facts] On February 1, 2010, Defendant A promised to sell and purchase H large 9m2 and its ground buildings owned by Defendant B (hereinafter “instant building”) for KRW 400 million in the purchase price between Defendant A and the husband of Defendant B, and Defendant A promised to sell and purchase the instant real estate for KRW 400 million in the purchase price. The date of the completion of the sale and purchase shall be August 1, 2010, and the sale and purchase was completed as a matter of course without any separate declaration of intention at the arrival of the above date. G received the above purchase price from Defendant A and, at the same time, agreed to implement the registration procedure for the transfer of ownership of the instant real estate and deliver the said real estate.

Defendant

A paid KRW 30 million to G on the same day as a pre-contract deposit, and completed provisional registration on February 2, 2010 on the instant real estate based on the pre-sale promise, and completed registration on January 12, 2012 on January 10, 2012 on the instant real estate.

On the other hand, on March 12, 2010, the victim I lent KRW 300 million to G around January 2, 2010, and received the claim attachment and collection order from Seoul Northern District Court 2010 other than the Seoul Northern District Court 2010 and received the claim attachment and collection order from the said G. On May 2, 2012, the defendant A, who was obligated to pay the balance of 370 million won for the sale and purchase of the instant real estate, was subject to the Seoul Northern District Court 2012, the Seoul Northern District Court 20530,000 won for the collection of KRW 3374,684, and the judgment of the court below was affirmed on December 27, 2012.

On the other hand, on October 11, 2013, with respect to the instant real estate, the Seoul Northern District Court’s voluntary auction procedure (hereinafter “instant auction procedure”) started upon the application of one bank, and on the other, on October 11, 2014.

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