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(영문) 서울중앙지방법원 2015.01.26 2012고합863
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for five years.

Of the facts charged in this case, the establishment of a mortgage on land E in Jung-gu Incheon.

Reasons

Punishment of the crime

To the extent that the facts charged in the indictment do not disadvantage the defendant's exercise of his/her right to defense, some amendments were made according to facts obtained through the examination of evidence.

In around 2005, the Defendant would be expected to yield profits from the purchase and development of H daily land in Jung-gu Incheon Metropolitan City. The Defendant jointly purchased the land with the Defendant, and divided profits according to the following shares after developing it, and planned to purchase the land with the purchase price received from the Defendant, acquire the difference with the purchase price received from the Defendant, obtain the difference, or sell the land by taking the loan as security, and then sell the land if the development is made later.

1. Fraud related to M land;

A. On April 20, 2005, the Defendant acquiring the right to collateral security on M land may purchase the purchase price of KRW 1.443 billion in the purchase price to the victim I, and the J purchased each of the above land at the victim I, and the victim I, and the victim J purchased each of the above land at the cost of KRW 1.481 million in the name of the victim J, on October 25, 2010, with respect to each of the above land in the name of the victim J, which was divided into Q, R, and S forest (P forest around October 25, 2010; hereinafter “M land”) and F (hereinafter “F land”).

However, at that time, the Defendant purchased each of the above lands in a lump sum of KRW 198,88 million from the seller of the above lands, and the buyer.

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