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(영문) 수원지방법원 안산지원 2013.04.03 2012고단1453
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 six months.

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

Reasons

Punishment of the crime

The Defendants were vice-party to operate G Licensed Real Estate Agent F in Ansan-gu from around 2008 to around 2010.

1. Defendant A’s sole criminal conduct (2012 highest 1453) (hereinafter “Defendant A”), around August 26, 2003, Defendant A invested KRW 100 million with respect to H forest 2578 square meters in Ansan-si around August 26, 200, and Defendant 290 million with respect to each of the investment of KRW 100 million and the registration name shall be registered under the name of I, and completed the registration of ownership transfer in the name of I on the same day.

Defendant

A, as of September 30, 2009, set up a collateral of 390,000,000 won with the maximum debt amount payable by debtor I and the mortgagee as the Military Saemaul Depository, and received a loan equivalent to 300,000 won from the Military Saemaul Depository.

Defendant

A purchased the land of Ansan-si, Ansan-si, in order to raise money by selling the said forest land as the fund is insufficient while constructing a new building.

Defendant

A around June 3, 2010, in L real estate located in Ansan-si, Sinsan-si, the victim M made a false statement to the victim M as “I will do so in a clean land without a right to collateral security. If I conclude an today’s contract on the ground of KRW 1.2 million per square day and deposit KRW 100 million per square day, I will do so at KRW 90,000 per square day.”

However, in fact, the right to collateral security was established in the forest above.

Defendant

A on the same day, the purchase price of the above forest and fields was KRW 361,800,000 for the victim and the above forest, KRW 100 million for the down payment on the same day, and KRW 100,000 for the down payment was paid on the same day, and there was no intermediate payment, and the remainder of KRW 261,80,000 for the payment on December 24, 2010 was entered into a sales contract with the victim and received KRW 100,000 from the victim to the Agricultural Cooperative (N) account in the name of the defendant B

On the other hand, around October 8, 2010, Defendant A received a claim from the victim who still was unaware of the fact that the right to collateral security was established on the said forest, and that the said forest is merely 347 square meters, the victim and the sales amount are 312,300,000 won (347 square metersx.9 million won), the down payment is 10 million won, and the intermediate payment is paid up to November 2, 201, and the remainder is paid up to November 2, 201.

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