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(영문) 부산지방법원 2013.08.08 2012고단4962
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, the exchange contract amount dated May 14, 201 and the difference 4.

Reasons

Punishment of the crime

1. On May 14, 201, the Defendant entered into an exchange contract with the victim D on an amount of KRW 3.6 million assessed as the assessed value of E (hereinafter referred to as “populated real estate”) owned by the Defendant on May 14, 201, and assessed as the assessed value of F’s land and building (hereinafter referred to as “F’s real property”) owned by the victim, and entered into an exchange contract with the effect that KRW 70 million,000,000,000,000,000,000,000,000,000 won, out of the loaned as security, shall be used as the price for the work, and that is paid as the difference and the down payment.

After that, the defendant entered into an exchange contract with F real estate for Hel in Busan Dong-gu G, Busan, and the contract deposit amount of KRW 100 million was needed to enter into Hel.

On May 19, 201, the Defendant: (a) loaned F real estate owned by the victim as collateral under the real estate exchange contract to the victim D on May 19, 201; and (b) agreed to terminate the remainder of KRW 70 million,000,000,000,000,000, which was established as collateral for the Defendant’s well-owned real estate; and (c) agreed to use the remaining 80,000,000,000,000 as collateral for the construction of a new building; (d) the victim could not terminate the contract; and (e) the remaining money remaining after cancelling the establishment of a collateral for the well-owned real estate on the face of the State would be used as supervision expenses, etc.; and (e) the Defendant made a false statement to the victim D.

However, the defendant thought that the above KRW 100 million was used as the down payment of Hemotour, and there was no intention to use it as the repayment of debts for the smuggling real estate.

The Defendant received KRW 100,000,000,00 from the victim as “for repayment of agricultural loans.”

Accordingly, the defendant was delivered KRW 100 million by deceiving the victim.

2. On November 16, 201, the Defendant, on or around November 16, 201, K 204 Dong-gun, Busan.

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