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(영문) 서울중앙지방법원 2014.01.14 2013고단6240
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On January 26, 2006, the Defendant was sentenced to a suspended sentence of one year and six months for fraud at the Daegu District Court, and on September 12, 2007, the said suspended sentence was invalidated upon the final judgment of the court on March 19, 2008, which became final and conclusive on September 12, 2007. On April 3, 2009, the Defendant was released on May 30, 2011, and the parole period expired on August 24, 201, when he was sentenced to imprisonment with prison labor for fraud, etc. at the Chuncheon District Court.

【Criminal Facts】

Q and the victim R came to know of the Defendant who was seeking to voluntarily commence auction auction upon S’s application by the original agricultural cooperative, the creditor of S, at the time of strike, which was placed in the title trust to Q and the victim R, in order to recover the above land.

피고인은 위와 같은 사실을 알고 피해자와 Q의 자금으로 Q의 명의로 위 토지를 낙찰받아 건축사업을 할 것을 마음먹고 2011년 8월경 그들에게 “파주시청에 가서 알아보니 개발이 가능한 땅이라고 한다. 파주시청 행정부시장이 내 친구이고, 개발 과장이 내 동생뻘이어서 행정적으로는 쉽게 확인을 했다.”고 말하였다.

Then, on September 6, 2011, the Defendant made a false statement to the effect that “the bank loans will be liable for the payment of the loans to the victim. For a long time, since the construction company was operated in Daegu for a long time, was awarded a contract for the Incheon Franchising project, subcontracting may be granted and the payment of money may be made at any time, and there is no problem in paying the proceeds of sale because there is no problem in the amount of money exceeding one billion won in December 201, since the land rents received in connection with the land readjustment project implemented in the old Si and the payment was made in connection with the land readjustment project implemented in the old Si.” The Defendant borrowed KRW 250,000 from the victim and Q around October 6, 2011, between the victim and Q, and the Defendant borrowed KRW 250,000 from the victim, and the Defendant borrowed KRW 453,000,000 in the sale deposit for the fixed

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