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(영문) 대전지방법원 2013.11.28 2013고단2745
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On January 9, 2006, the Defendant was sentenced to six months of imprisonment with prison labor for alteration of official documents at the Changwon District Court on June 30, 2006 and the remaining term of imprisonment has expired on July 11, 2006 while the sentence was executed. On February 19, 2010, the Defendant was sentenced to imprisonment with prison labor for rape injury at the Seoul East District Court on February 27, 2010, and the judgment became final and conclusive on February 27, 2010.

The Defendant, in fact, owns 100% shares of D Co., Ltd. on the 6th floor of Gangnam-gu Seoul Metropolitan Building, is in the position of the president of the said Co., Ltd. and works for the president. On October 22, 2007, the Defendant was awarded a voluntary auction in the amount of 4.4 billion won on the land E, Seo-gu, Daejeon, Daejeon, for the acquisition of the F Co., Ltd. under construction on the above ground. On January 18, 2008, on March 18, 2008, acquired the above land and buildings from private mutual savings banks, private mutual savings banks, and Seongbuk Mutual Savings Bank, Co., Ltd., Ltd., and entrusted the above land and buildings to the Asian Asset Trust Co., Ltd., and carried out the sales business with the delegation of the right to sell the above building.

On April 23, 2008, the Defendant made a false statement with G to the effect that “The payment of the sale price under 601 of the above building is made to the victim at the victim I’s attorney-at-law office located in Seo-gu Daejeon, Seo-gu, Daejeon, Daejeon, to the effect that “ will transfer the registration of sectional ownership under 601 from the end of December 2008.”

However, the Defendant, upon acquiring the above land and buildings, has a debt amounting to 5 billion won to a private mutual savings bank and a private mutual savings bank incorporated as seen above, and the Defendant has a debt amounting to 5 billion won in amount to 11.425 billion won in total, and there is a debt amounting to 5.5 billion won in the amount of construction debt amount to the JJ Construction Co., Ltd., the contractor, and the J Co., Ltd., and 60 million won in the interest on the above loan amount. However, the Defendant has to pay 50 million won in the interest on the above loan amount, while the Defendant is obliged to re-loan the above loan amount and interest.

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