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(영문) 대구지방법원 2013.08.09 2013고단3727
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

1. The criminal defendant, around May 25, 2012, succeeded to the amount of KRW 230 million of the existing loan if he/she transferred the right to work site and site ownership of the D building D, 16-household, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, in the office of a certified judicial scrivener in front of military illegality in the Gyeong-gun, Gyeong-gun

5. up to 31. 31. 20 million won of down payment;

6. Until 30.30. Subject to payment of the intermediate payment of KRW 60 million and the balance of KRW 340,000,000 after completion, the above site ownership and business rights will be purchased in total of KRW 650,000,000.

“Along with the fact, the Defendant did not have any property under the name of the Defendant at the time, and even during the payment of the intermediate payments and the process of its business, it was possible to obtain a loan as a community credit cooperative, and there was no intent or ability to pay the purchase price normally. As such, the Defendant, on May 30, 2012, received a registration of transfer of ownership from the victim under the name of the Defendant, a company, the representative director of which is the Defendant, and was transferred the above business rights. Accordingly, the Defendant was granted property by deceiving the victim. 2. On July 31, 2012, the Defendant would complete the construction of I multi-household housing and make it possible to enter into a joint business agreement with the victim to transfer the ownership of the said site if the Plaintiff completed the construction of the said land and 300,000,000,000 won of the sales profit.

"Finally, it was false.

However, in fact, the Defendant agreed that even if one of the contractual matters in relation to the sale and purchase of the above site and business rights is violated, the contract shall be null and void immediately. Since the Defendant failed to pay intermediate payments to C by June 30, 2012, which is the date of the payment of intermediate payments, the above contract was null and void as a matter of course, there was no authority to enter into a joint agreement with the victim on the above site and business rights.

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