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(영문) 대전지방법원 2013.12.19 2013고단2341
사기
Text

Defendants shall be punished by imprisonment for ten months.

Reasons

Punishment of the crime

While the Defendants discovered the factory site that they would engage in environment-friendly vinyl manufacturing business at the end of 2010, they want to purchase four lots of real estate, such as F, G, H, I, etc. owned by Chungcheongbuk-gun Co., Ltd., Ltd., the representative of D, as factory site, but the conclusion of a contract is not possible because it did not prepare a down payment.

After April 27, 2011, J et al. decided to acquire the said real estate together with the acquisition of the said real estate from D, and entered into a contract with D and the acquisition price of the said real estate as total of KRW 70 million, by succession to the existing financial right loans of KRW 295 million and paying the remainder of KRW 45 million.

On the other hand, when the Defendants came to know about May 1, 201 that they intended to purchase the above real estate by acquiring it, they sought the above J and got off the land they wanted to purchase from D, and eventually, J et al. decided to transfer the above real estate to the Defendants as they decided to acquire it from D, and the Defendants entered into a sales contract for the above real estate at the victim L, Inc. (former, Jung-gu, Daejeon, Daejeon, Seoul, Seoul, about July 11, 201, the sales contract for the above real estate at the victim L, Inc., Ltd. (former, Ltd. E) office, Inc. (former, Ltd., Ltd., Ltd., with KRW 70 million and succeeded to KRW 295 million in total, and paid KRW 450 million in balance by September 30, 201, and by deceiving the victims to pay KRW 450 million in the name of the Defendants on July 15, 2015.

Since then, around August 23, 2011, the Defendants provided N, a corporate bond business entity, with the above real estate as collateral and used the collateral amount of KRW 130 million as personal expenses of the Defendants, with the loan of KRW 60 million from the maximum debt amount.

However, the Defendants are true.

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