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(영문) 울산지방법원 2016.05.13 2016고단849
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of a sentence shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 3, 2011, the Defendant: (a) paid the down payment of KRW 50 million on March 3, 2011 with respect to the I building in Yangsan-si, which was owned by H and H; (b) paid the intermediate payment of KRW 2 billion on March 31, 201; (c) paid the intermediate payment of KRW 340 million on May 31, 201; and (d) paid the intermediate payment of KRW 340 million on May 31, 201; and (e) concluded a sales contract with KRW 2.7 billion on February 28, 2012, the Defendant had the authority to lease I building.

However, the Defendant, at the time of bad credit standing, was unable to engage in external economic activities under the name of the Defendant, and did not have any property owned by the Defendant, and was unable to pay the purchase price, such as intermediate payments and the balance, and did not have any way to normally purchase the I building. However, the Defendant used the name of J, and used the I building as if the victims were to purchase the I building normally and received the lease deposit or the borrowed money.

1. On March 17, 201, the victim K-related Defendant is registered at the “M-authorized brokerage office” office located in Yangsan City L on March 17, 201, and the victim K is registered on May 31, 201 with the ownership transfer on May 31, 201.

I Building 3 and 4 floors can be leased to the Moel after construction of the Moel, and the Moel lease deposit amounting to 400 million won will be leased to the Moel.

“.....”

However, as above, the defendant did not have the intent or ability to accept I building in a normal way, and the victim did not have the intent or ability to rent the Moel located in I building to the victim.

Accordingly, the Defendant, by deceiving the victim, received a total of KRW 250 million from the victim as down payment around that time, and received KRW 50 million from the victim on May 11, 201 as the remainder payment.

2. The Defendant related to the Victim N, at the “P” restaurant located in Yangsan-siO on April 201, 201, and the Victim N, “I building is normally purchased and registered on May 31, 201,” to the Victim N.

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