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(영문) 수원지방법원 성남지원 2017.04.28 2016고단2663
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On January 22, 2016, the Defendant was sentenced to a suspended sentence of two years on December 9, 2016 to imprisonment with prison labor for attempted fraud, etc. at the Sungnam support center, and the said judgment became final and conclusive on December 9, 2016.

[Basic Facts] The defendant's right to defense is modified and recognized to the extent that does not impede the defendant's defense.

On May 6, 2003, the Defendant: (a) registered, and actually owned, the name of the company, the same as the Plaintiff registered and sold the E-commercial building on the instant land (hereinafter “instant commercial building”) around June 2, 2006, which was constructed on the instant land, to F, and had F, completed the construction of the instant commercial building; (b) however, the Defendant had a difficulty in constructing the instant commercial building by filing a lawsuit against F, who did not perform the construction work and did not pay the purchase price.

On September 14, 2009, the Defendant traded the instant land and the instant commercial building to H, the representative director of the Victim G Co., Ltd., and made a provisional registration for preserving the right to claim ownership transfer in the name of G Co., Ltd. (hereinafter “the instant provisional registration”) on September 14, 2009.

On February 18, 2011, the Defendant failed to carry out construction works on the instant commercial building and pay the balance of the purchase price. The victim and the Defendant “On the face of the State with a loan of KRW 4 billion, the victim shall arrange various defects with the loan within 20 days, and the Corporation shall complete the construction works until June 18, 201.

2. The Agreement was drawn up to the effect that “.....”

When the Defendant was unable to obtain a loan pursuant to the above agreement and complete construction work on April 4, 2011, the Defendant received a bank loan of KRW 500 million from the victim and the victim shall be bound to withdraw from the construction site of the instant commercial building.

2. The written additional agreement was made to the effect that “.....”

[Criminal facts] The defendant is the Gu of Ansan-si in the middle of September 201.

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