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(영문) 인천지방법원 2017.02.09 2015고단8191
무고
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal record] On January 21, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Eastern District Court, and the judgment became final and conclusive on December 1, 2016.

[Basic Facts] The Defendant: (a) concluded a sale and purchase contract for the purchase of Dasan-gun and 84,000 square meters (hereinafter “instant land”) around June 2, 2009, the Defendant was unable to pay intermediate payments and remainder after paying the down payment of KRW 22,000,000,000,000 from Dasan-gun, the main representative of the land around June 2, 2009, by entering into the said purchase and sale contract for the purchase of land (hereinafter “instant land”). On June 2, 2010, the Defendant knew of such fact and agreed to conduct the same business with B and carried out the land purchase and development project.

Meanwhile, the Defendant, from September 22, 2008 to October 18, 201, was unable to borrow and repay a total of KRW 610 million on five occasions from around September 22, 2008, and is bound by separate fraud around April 25, 2013, and transferred to E the entirety of the rights to the instant land to E in order to repay the borrowed money borrowed by a person who is demanded to repay the borrowed money from E, around July 201.

Then, on August 8, 2013, a promissory note with a sum of KRW 1.225 billion, including the principal and interest of the debt and the principal and interest, was prepared and entered into a transfer agreement with the content of “assumed,” and the amount of the said note with face value.

In order to recover claims around March 2014, E decided to purchase KRW 900,000,000 among the instant land in consultation with C, a seller of the instant land, and to purchase KRW 800,000,000,000. On March 18, 2014, E’s total amount of KRW 6,000,00,00 in the name of F, G, H, I, I, and J forests in the name of F, G, H, I, and J in the name of E for KRW 3,00 in the total of KRW 9,00,00,000. On March 18, 2014, E completed a provisional registration for purchase and sale of the instant land in the name of E, and received a loan from P, around March 18, 2014, KRW 90,000,000 from P, as collateral.

[2] Although the Defendant transferred all rights to the instant land to E for the repayment of debt as above, the Defendant transferred all of the rights to the instant land to E.

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