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(영문) 수원지방법원 2017.01.13 2016고합608
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

around 2012, the Defendant recommended C to set up and operate a KIKO, and C, upon accepting the recommendation, had C purchase 312, 313, 314, 315, and 316 (hereinafter “the instant real property”), and had the Defendant carry out the construction of the KIKO equipment, and opened business with the trade name “E”.

C As the operating profit of the above KIKO falls short of the expected revenues, the Defendant requested the Defendant to dispose of the above KIKO’s real estate and facilities, and the Defendant introduced C to the above KIKO’s transferee, and decided to sell the above KR in total of KRW 2.9 billion between C and F, but the F transferred the ownership of the instant real estate to G Co., Ltd. (hereinafter “G”) established and the Defendant registered as an auditor, and the sales contract was concluded to receive the payment in the future.

The Defendant and F borrowed an amount equivalent to KRW 500 million from the acquisition of the ownership of the instant real estate as collateral to the victim H by setting up in sequence the right to 1.1 billion won (the instant real estate G as a debtor, the victim’s wife I as a person holding the right to her wife, the sum total of KRW 1.1 billion (the right to 74185, May 14, 2013, the right to 74185, the right to 117765, the right to her mortgage (the right to her claim), and the right to her claim (the right to her claim), which was received on July 24, 2013, and received on September 6, 2013).

On the other hand, as the F transferred the ownership of the instant real estate from C but failed to pay the purchase price, it transferred G’s management right to C at the request of C. C confirmed that the instant real estate was established with the foregoing right to collateral security, resisting the Defendant, and demanding the cancellation of the right to collateral security and restoring the instant real estate to its original state. If the ownership of the instant real estate was not restored to its original state, the F is a criminal case.

The term "" refers to the following.

Accordingly, the defendant deceptions the victim and establishes a right to collateral security established on the real estate of this case.

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