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(영문) 대구지방법원 서부지원 2017.10.26 2017고합136
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. The victim C was the owner of a factory and site located in the Daegu-gun, Daegu-gun, and five parcels of land (hereinafter “the instant real estate”). Around August 2014, at the Daegu-si Bank, offered the instant real estate as collateral. Around October 2015, in order to sell the instant real estate, the victim C requested the E-official brokerage office for the sale of the instant real estate (i.e., KRW 250-26 million = KRW 612 = KRW 15-1.6 billion) to sell the instant real estate.

On December 1, 2015, the Defendant entered into a sales contract for the instant real estate with the victim at the above E-Official brokerage office, and agreed to cancel all the collateral security established on the instant real estate before the transfer of ownership by the injured party before the transfer of ownership. The Defendant paid the down payment of KRW 1.55 million on the same day, and the intermediate payment of KRW 250 million on January 18, 2016, and the remainder of KRW 1.290 million on March 10, 2016 shall be paid at the same time as the transfer of ownership on March 10, 2016.

On January 15, 2016, the Defendant, at the above factory office, received a loan from the Defendant as collateral and paid the balance to the Defendant with the help of G with the former F, on the first day before transferring the real estate title to the future.

Until March 20, 2016, there was a false statement that “The title of the instant real estate was first transferred to the future,” which read that the title of the instant real estate should be paid for both gold and balance.

However, as of January 12, 2016, the actual appraised value of the instant real estate as of January 12, 2016 was only KRW 1.04 billion. The victim had already set up a collateral equivalent to KRW 700,000,000,000,000,000,000 for the instant real estate as a collateral for the amount of KRW 500,000,000,000,000,000,000,000. Thus, even if the said real estate was loaned by a financial institution as collateral, it was not possible to prepare the purchase price for KRW 1

Moreover, G is the real estate of this case.

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