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(영문) 수원지방법원 성남지원 2017.11.14 2016고단3805
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] On October 23, 2014, the Defendant was sentenced to one year of imprisonment for a crime in support of Sungnam Branch of Suwon, and the judgment became final and conclusive on March 10, 2015.

[2] On June 31, 2012, the Defendant: (a) paid the victim C and the victim D a total of KRW 40,000 shares issued by E Co., Ltd. and KRW 1,95,000,000,000 for shares issued by D and KRW 401,000 for E Co., Ltd. owned by the said company; (b) the Defendant succeeded to the actual debt amount of KRW 1,50,000 to the creditor bank of Korea with the first priority mortgage as defined in subparagraph 401 of the above B, and deducted the purchase price from the purchase price; (c) KRW 200,000,000,000 from the purchase price until August 31, 2012; and (d) paid KRW 1,000,000 until October 5, 2012; and (e) paid the maximum amount of KRW 201,000,000,000 won to secure the payment.

“The phrase “ was false.”

However, since the defendant did not have certain income and did not have property, even if he purchased 40,000 shares issued by E Co., Ltd. and 401 shares issued by E Co., Ltd. and the above B building Nos. 401, he thought only 185,000 won such as down payment and public charges, and there was no intention or ability to pay the remaining 300 million won.

Around July 30, 2012, the Defendant, by deceiving the victims, received all documents for the transfer of 40,000 shares of the said corporation and for the transfer of ownership under the said B Building No. 401 from June 28, 2012 to September 28, 2012, but did not pay only KRW 185,00,000 as contract deposit, public charges, etc. and did not pay the remainder of KRW 300,000,000,000 to the victims.

Summary of Evidence

1. Each of the defendants;

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