logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2014.04.18 2013고단190
사기등
Text

A person shall be punished by imprisonment with prison labor for not less than two years and imprisonment with prison labor for not more than one year for the crimes of No. 4 as stated in the judgment of the defendant.

Reasons

Punishment of the crime

On September 10, 2010, the Defendant was sentenced to 10 months of imprisonment with prison labor for breach of trust and 2 months of suspended sentence, and the above judgment became final and conclusive on September 18, 2010. On October 21, 2011, the Defendant was sentenced to 10 months of imprisonment with prison labor for fraud at the Cheongyang Branch District Court, which became final and conclusive on March 30, 2012, and on April 12, 2013, the said judgment became final and conclusive on April 20, 2013, upon being sentenced to 2 months of imprisonment with prison labor and 6 months of imprisonment with prison labor at the Cheongbu District Court for fraud.

[2013 Highest 190]

1. Around January 7, 2009, the Defendant borrowed the name of E, F, G, and H, and was awarded a contract for the first forest in the name of five persons, including the Defendant, in a gold 2667.4 million won at the time of the strike, which is an auction at the high-level district court in Jung-gu District Court.

On February 20, 2009, the remainder date of the successful bid of the above forest at the auction, which was difficult to raise KRW 241.9 million, and the defendant was faced with the situation that he would be subject to forfeiture of KRW 25.5 million of the bid deposit already paid by the defendant, even if he was paid the remainder of the auction from the victim E, he did not have the intent or ability to transfer the title of the above forest. However, on February 2, 2009, the defendant sent the victim "10% of the contract deposit already paid by the person himself (2.5 million won) of the successful bid contract amount already paid to him in the court in the future, and transferred the above land to the court in the name of the victim."

On February 19, 2009, the Defendant received bid deposit of KRW 25.5 million from the victim on or around February 19, 2009, and then acquired 267.4 million won by deceiving the victim to pay the remainder of the bid price of KRW 240,1.6 million on the following day by means of having the victim pay the remainder of the bid price of KRW 200,000 to the High Government District Court.

B. On February 2, 2009, the Defendant: (a) was placed in a situation in which K would be subject to criminal punishment due to a criminal complaint for fraud; and (b) was established with a view to preparing a agreed amount. The Defendant was against the land of the Goyang-gu M, Gyeyang-gu, and six parcels, both the Defendant and L.

arrow