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(영문) 의정부지방법원 2018.11.01 2018고단1727
사기
Text

Defendant

A Imprisonment with prison labor for one year, and for one year and six months, respectively.

Reasons

Punishment of the crime

The Defendants, at around October 5, 2015, at the D Authorized Brokerage Office located in Gyeonggi-gun, Gyeonggi-do, Inc., and Defendant B, upon transfer of the name of “3 parcels, other than Gyeonggi-gun, Gyeonggi-do, and the name of “the instant land” (hereinafter referred to as “instant land”), shall receive a loan from the said land as security and pay a down payment and intermediate payment of KRW 300 million, and KRW 150 million,00,000,000,000 out of the remaining amount of KRW 250,000,000,000,000 for additional loans, shall be paid up until December 30, 2015 after completing the burial engineering work, and the remaining KRW 100,000,000 is paid as personal funds by April 30, 2016.

“A false statement” was made.

However, even if the instant land was loaned KRW 370 million as security, it was difficult to cover the loan interest and the costs of civil and civil works with the remainder of KRW 70 million, which is limited to the down payment and the intermediate payment. At the time, the Defendants did not have any intent or ability to pay the remainder until the date of the promise, even if the ownership was transferred, because the Defendants did not have any profit-making, and there was an infinite situation where additional loans could be received after performing civil and civil works.

On October 30, 2015, the Defendants conspired to induce the victim, and did not pay any balance of KRW 250 million even after receiving ownership transfer from the victim under the Defendant’s name, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of witness E;

1. A real estate sale contract, a certificate of right to registration, and a certificate fully registered;

1. The application of Acts and subordinate statutes following a report on investigation (case of requesting cooperation in the affairs of the office of the Incheon-gun Office), a request for cooperation in business, and a request for cooperation in business

1. The relevant provisions of the Criminal Act and the Defendants who choose to commit the crime: The grounds for sentencing prescribed in Articles 347(1) and 30 of the Criminal Act;

1. One month to ten years from the date of imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] shall be limited to the basic area [the scope of the recommended punishment] of the type 2 (at least KRW 100,000, less than KRW 500,000] (the determination of the recommended area]. One year.

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