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(영문) 대전지방법원 서산지원 2017.01.24 2016고단352
사기등
Text

1. The punishment of the accused shall be three years;

2.Provided, That the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On November 11, 2011, the Defendant was sentenced to one year of imprisonment and two years of suspended execution as a bribe by the Seoul Central District Court, and the judgment became final and conclusive on July 26, 2012.

[2016 order 352]

1. On March 20, 2010, even if the Defendant entered into a real estate sales contract with the victim G at the F Farming Association office located in Seocho-gu Seoul, Seocho-gu, Seoul on March 20, 2010, the Defendant had no intent or ability to transfer the full ownership, the Defendant, via H, who is an employee of the said association, has the real estate that “the light value is good, and is

D. When the purchase price is paid, Taean-gun I, I will cancel the right to collateral security (the maximum amount of KRW 325 million) established on the instant land.

The phrase “ makes a false statement.”

However, the Defendant did not have any intent or ability to transfer full ownership to the victim by cancelling the right to collateral security established on the instant land even if the Defendant received the payment of the purchase price from the injured party.

Nevertheless, the defendant deceivings the victim as above, and he received 62,010,000 won from the damaged person as the purchase price and acquired it by deceit.

2. From around July 20, 2005, the Defendant was working as a director of the victim FFF farming association as a de facto representative. From around July 20, 201, the Defendant was appointed as the representative director of the victim association and has overall control over all the affairs, including the operation of the victim association, the management of funds, and the execution thereof.

Since the victim association reached a day-to-day zone in Seosan, it would provide the said owner with rice of 120 km per 300 square meters on condition that the owner of the farmland in the JJ will manage the farmland entrusted by the owner of the farmland. As above, the victim association recruited farmers who will actually cultivate in the entrusted farmland and entered into a lease contract with them, and received rents from farmers and provided them to the said owner.

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