(영문) 제주지방법원 2018.10.16 2018고단3 | 리걸엔진

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Reasons

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자간(%)

(영문) 제주지방법원 2018.10.16 2018고단3

사기

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

Reasons

Punishment of the crime

[Criminal Records] The defendant was sentenced to imprisonment with prison labor for and on March 31, 2011 at the Seoul Central District Court for fraud and one year and six months for the same year.

9.8 The judgment became final and conclusive.

[2] On May 29, 2009, the Defendant concluded a contract to purchase KRW 1,750,000,000 from the victim B, the victim B, who was leased by the Defendant, for the purchase of KRW 1,750,000,00 from the victim B, who was living in Seocho-gu Seoul Metropolitan Government, around May 29, 2009, and agreed to offset the amount of KRW 7550,00,000 from the above purchase price by the deposit to be paid by the Defendant to the victim, and the amount of KRW 850,00,000,000,000,000,000,000,000,000 is succeeded to by the Defendant and paid to the victim by June 15, 2009 after borrowing the above apartment and other real estate owned by the Defendant.

However, the Defendant was in arrears with local taxes of 60 million won or more due to the financial difficulties at the time, and the amount of corporate tax of the Defendant’s operating corporation also exceeded KRW 280 million, and the Defendant was in excess of his/her obligation without any property, such as other real estate owned by the Defendant, and thus there was no intent or ability to pay the price as agreed. If the apartment was transferred from the injured party, he/she was able to obtain the loan as collateral and use it for the repayment of the obligation of the Defendant operating corporation.

Around June 12, 2009, the Defendant: (a) by deceiving the victim as above; (b) had the victim register the transfer of ownership in the name of E designated by the Defendant for the above apartment; and (c) did not pay the remainder of KRW 150 million; and (d) acquired financial benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A certified copy of the C apartment D registry, a real estate sale contract, and a written confirmation;

1. A reply to a certified copy of the registry of the F corporation or to a request for cooperation in investigation;

1. An investigation report (a statement by a witness G phone);

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