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(영문) 의정부지방법원 고양지원 2012.10.26 2011고합157
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

Each of the facts charged in this case.

Reasons

Punishment of the crime

On February 25, 2005, the Defendant entered into a contract to purchase KRW 524,80,000 in the Defendant’s wife’s name the aggregate of KRW 4,337 square meters of land F, G, and H in the Defendant’s name on February 25, 2005, and entered into a contract to purchase KRW 1,650 square meters of J’s land in the Defendant’s name on February 26, 2005, with KRW 19,650 in the Plaintiff’s name, and paid KRW 724,40,000 of the total purchase price of KRW 5,987 square meters of the total purchase price of KRW 724,40,000 in the aggregate of the above four parcels of land through K with the payment of KRW 73,00,000 in the down payment of KRW 73,00,000 through K, thereby soliciting the victim L, M, and N to pay the resale proceeds in proportion to

3. Until the end, the victims received KRW 559,00,000 in total from the victims L, including KRW 247,250,000, KRW 161,250,000 from the victims M, and KRW 150,50,000 from the victims N, as land purchase-price.

Around March 25, 2005, when the defendant completed the registration of ownership transfer in the name of I on the above four parcels of land, the victims set up a collateral security right to each of the above parcels of land with "the debtor I, the mortgagee L, M, M, N, the maximum debt amount of 520,00,000 won" in order to secure investment funds.

In fact, even if the defendant had no intent to pay the victims the principal of the investment even if he had cancelled the registration of the establishment of the above right to collateral security under the name of the victims, he/she shall sell the O land within two weeks from the cancellation of the registration of the establishment of the right to collateral security, or pay the investment principal preferentially to the victims of the right to collateral security by borrowing the O land from the victims of the right to collateral security after obtaining documents necessary for the cancellation of the registration of the right to collateral security from the victims. On March 20, 2008, the defendant sold the aggregate of 1,178 square meters of the G land divided into lots, R2 lots of the above land, and paid the purchase price of KRW 261,00,000 among the purchase price of KRW 290,000,000, from March 6, 2008 to May 28, 2010, and each land divided into HF land and each HF land divided into between HF and MF.

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