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(영문) 서울중앙지방법원 2015.08.21 2014고합1459
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 2013, the Defendant, who entered into a sales contract, expressed the victim C’s intent to purchase a parcel of land (8,430 square meters) and a factory building outside Jincheon-gun, Jincheon-gun, Jincheon-gun, and (8,430 square meters), and “The purchase price is defective as KRW 1.2 billion.8 billion out of the purchase price, the Small and Medium Business Corporation may receive a loan from the Small and Medium Business Corporation as collateral. Pursuant to the principle of priority transfer of ownership, the Defendant would be able to obtain a loan from the Small and Medium Business Corporation. The remainder of KRW 400 million would be repaid from 30 to 4 months after the registration of ownership transfer. The Small and Medium Business Corporation will set the second priority mortgage following the establishment of a second priority mortgage in the victim’s future, following the completion of construction of a clean factory building after the completion of the construction of the factory building for sale and purchase, and the remainder may be paid up to the end of the factory year.”

Around April 8, 2013, the Defendant and the victim entered into a sales contract that reflects the Defendant’s proposal (hereinafter “instant sales contract”) at the F Licensed Real Estate Agent Office located in Chungcheong-gun Eth (Seoul).

2. The content of the instant sales contract was modified and finalized on May 21, 2013; the sales contract dated July 4, 2013; and the process of drawing up a loan certificate on July 8, 2013.

First, real estate for sale was finally determined.

According to the instant sales contract, the victim shall be the Defendant’s 7,300 square meters of G factory site in Jincheon-gun, Chungcheongnam-gun, Chungcheongnam-do, and 600 square meters of the above ground-based general steel structure and sand site location plate factories, H 28 square meters of a road, and I roads 126 square meters of a road (hereinafter collectively referred to as “real estate 1”), and J.

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