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(영문) 수원지방법원 여주지원 2013.11.28 2013고합28
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 12, 2010, the defendant was sentenced in Seoul High Court to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. on January 18, 201, and the judgment became final and conclusive.

On May 17, 2006, the Defendant purchased the purchase price of KRW 8,529 square meters in Gangnam-gu Seoul Special Metropolitan City F forest land (hereinafter “instant forest”) owned by the victim D in the name of Yong-Nam in the office of the Defendant on May 17, 2006, with the purchase price of KRW 4.6 billion. “If the ownership is transferred to the purchaser’s name before the purchase payment of the remainder amounting to KRW 8.5 million, the Defendant succeeded to the collateral security obligation equivalent to KRW 2.97 million with the intermediate payment, and paid the remainder of KRW 7.88 million with the maximum debt amount set forth in the said forest as the intermediate payment.”

However, the Defendant did not have any specific financial plan for raising the purchase price of the instant forest, and there was no property or fixed revenue worth exchange, and at the time of blocking, the Defendant was willing to pay interest on the purchase price of the instant forest and land and the obligation of collateral security with the sales commission of the Gangnam-gu Seoul Special Metropolitan City H et al. (hereinafter “H land”) where the Defendant sold and sold at the commission of sale from G Co., Ltd. (hereinafter “H land”). However, the sales of the instant H land was not smoothly achieved, and there was no substantial profits from the deduction of expenses, such as office rent, employee’s salary, and allowances provided to sell the instant forest and land. As such, even if the ownership of the instant forest was transferred in advance, there was no intention or ability to pay the purchase price normally.

Nevertheless, the Defendant, by deceiving the victim as above, obtained on June 5, 2006 the registration of ownership transfer of the forest of this case from the victim, and acquired property profits equivalent to KRW 1.63 million.

Summary of Evidence

1. Part of the defendant;

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