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(영문) 울산지방법원 2017.04.27 2016고단3971
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2016 Highest 3971]

1. Fraud;

A. The criminal defendant against the victim C is guilty from July 2015 to the same year.

8. The "E" office operated by the victim C in Busan Sinsi-gun and its neighboring coffee shop operated by the victim C, and the victim is an outside director of the Fambi-si, G, H (I), J (I), K, K, L, and M (N-owned land) in the Fambasi-si, G, H (I), K (I), K, L (N (N-owned land) in the Fambasi-gun.

After entering into an oral contract with I and N, each KRW 10 million has been paid to the prop as down payment, and each KRW 100 million has to be paid to the prop as down payment and intermediate payment, and the remainder KRW 180 million is required.

When all documents are prepared, it is possible to report to the FBA and receive the purchase price and the proceeds immediately. Accordingly, it is different to lend the props to the payment of KRW 180 million. When the sales contract is concluded, it means that the total amount of KRW 260 million will be paid by adding up the service cost that was not paid to the party before the profit and the total amount of KRW 20 million.

On August 11, 2015, the Defendant presented two copies of the draft of the real estate transaction agreement on each land owned by the said I and N to the victim at the PP office of the Co., Ltd. Co., Ltd. Co., Ltd. (O), and prepared a fair certificate stating that “The name and resident registration number of the party may be stated in the real estate transaction agreement, which shall be directly paid by the F Co., Ltd.) shall be stated in the F Co., Ltd., and the victim shall affix his/her signature and seal to the purchaser’s representative column among two copies of the said real estate transaction agreement, and only in the same city on the same day, the victim shall be paid KRW 260 million to the victim by November 30, 2015.”

However, in fact, there was no intention to purchase each of the above lands in the FBA, and there was no fact that the defendant paid the above I and N a down payment of KRW 10 million to the above I and N, or entered into a sales contract verbally, and the defendant.

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