logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2018.02.21 2017고단3124
사기등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From November 27, 2013, the Defendant was the representative director of the Dispute Resolution Co., Ltd., which was established for the purpose of management consulting business from November 27, 2013 to the present date, and was aware of the fact that the Defendant was seeking to transfer the ownership of the land and buildings (G name, hereinafter referred to as “instant real estate”) located in the Gangwon-do Jung-gun F, Gangwon-do, where the victim D owns E.

In March 3, 2014, the Defendant stated that “General sales or donations have many taxes, and there is almost no tax if transferred after being transferred in kind to the company in the form of investment in kind, and if transferred to the company in kind, it may undergo a tax investigation to return the real estate as it is at any time after one year.” On March 3, 2014, the Defendant had the victim contribute the real estate of this case worth KRW 248,063,60 in kind at the market price to the Dispute Resolution CommitteeB.

1. Fraud;

A. On April 2015, the Defendant received a demand from the injured party to transfer the ownership of the instant real estate from the third party, and concluded that “The victim requires KRW 14 million at the cost of transfer registration and securities transaction tax, and the instant real estate shall be purchased from the juristic person in the face of KRW 200 million in the face of transferring KRW 20 million to the third party for the purchase of the instant real estate from the juristic person, and shall return KRW 6 million in the face of transfer to the third party and immediately order the transfer registration.”

However, even if the defendant received the above money from the injured party, he did not have the intention or ability to use the said money as the transfer registration cost of the real estate in this case.

The defendant deceivings the victim as above and was delivered KRW 14 million to the injured party on April 30, 2015 under the pretext of the cost of the registration before the time.

B. On July 2015, the Defendant cancelled the right to collateral security established on the instant real estate from the injured party and transferred ownership.

arrow