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(영문) 광주지방법원 목포지원 2017.01.17 2016고단1273
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal records] On July 21, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Labor Standards Act in the wooden Branch of the Gwangju District Court on July 21, 2016 and the said judgment became final and conclusive on July 29, 2016.

[2] The Defendant is a person operating limited company C in substance, D uses the name of the representative director under the name of limited company C, and E uses the name of the F Certified Brokerage Office, and mediates land sale and purchase. The Defendant and D became aware of E through introduction by a branch for the loan of business funds of limited company C, and then came to know of E on March 2014, after receiving another’s land transfer from the end of the end of the time, and then collecting the loan for divided use after receiving the loan as security.

On April 4, 2014, the Defendant demanded the victim I to enter into a sales contract on the size of 611 square meters at the HH Certified Judicial Scriveners Office located in Gwangju Dong-gu, Gwangju, the Defendant made a false statement that “I would purchase D land” to the victim, “I would like to purchase D land, and the head of the party now would not pay the purchase price. I would like to first transfer the name of the ownership registration of the above land to D in the first place. I would like to obtain a loan from the Agricultural Cooperative and make a full payment immediately, and the Defendant would make a false statement that “I would believe that I will purchase the above land and make a full payment in the future.” D would make a false statement that “I would directly receive a loan from the victim if I would transfer the ownership of land first in the future.”

However, even if the Defendant entered into a sales contract for the above land owned by E, D and the victim and completed the registration of transfer of ownership in the name of D, the Defendant was planned to use the above land as a personal purpose by dividing the above land into two parts, and there was no surplus funds held by them, and there was no intention or ability to pay the purchase price for the land to the victim.

The Defendant, together with E and D, deceivings the victim as above, and is in its position against the victim.

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