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(영문) 의정부지방법원 2017.09.21 2017고합161
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

On October 14, 2016, the Defendant was sentenced to a suspended sentence of one year and six months of imprisonment for fraud at the District Court, and on October 22, 2016, the said judgment became final and conclusive.

The defendant of "2017 Gohap 161" was able to obtain money of the victim by deceiving the victim D as if he/she had sufficient means to repay by using the land in the name of the defendant C.

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in early March 2015, in the “G” operated by Songpa-gu Seoul Metropolitan Government F in Songpa-gu, Seoul, the victim “G” has KRW 17,000 as the H land in the Gangseo-gu, Gangwon-gun, Seoul, and is under the name of Section C.

This area may be developed from 200 to 300 to 100,000 won from 10,000 to 10,000 won from 200 to 300.

At present, 100,000 won per square, which is developed, can be collected from 300,000 to 400,000 won per square.

After the phrase ", however, there is a lack of money to pay down payment by selling the apartment at present."

The above down payment of KRW 30,00,000 and the above land development costs vary to KRW 70,000,000. If so, the above H land is developed and sold as a housing site, and the land is repaid in the name of I, but it is actually within the land as security, and the above J land or the above H land is sold as well as the money is repaid without mold.

The phrase “ makes a false statement.”

However, in fact, the Defendant received money from the injured party as the name of the purchase price of the apartment and the land development cost, and thought to use the money for personal purposes, such as the purchase price of the housing, living expenses, etc., and was unable to develop the housing site for the above H land due to the lack of one’s own capital. The above J land did not have the right to sell, and it was impossible to obtain a loan from the bank under its name as an bad credit holder because it did not pay the collection charge equivalent to KRW 51,00,000,000, and even if it borrowed money, it was impossible to obtain a loan from the bank under its own name.

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