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(영문) 춘천지방법원 강릉지원 2013.10.15 2011고단210
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

Around December 15, 2005, the Defendant: (a) as a person running a construction business in Suwon-gu, Busan; (b) concluded a sales contract for the right to new apartment construction business (the seller’s limited liability company F, D, purchase price of KRW 7,800,000, down payment of KRW 700,000,000, late payment of KRW 6,100,000, late payment of KRW 1,000,000, late payment of KRW 1,000,000, late December 200, the Defendant: (c) from the representative G of the “limited liability company F,” which had been running a new apartment construction business in Y in Y-si; (d) around December 15, 2005, the Defendant purchased the apartment house under the name of K-si, which was running the new apartment construction business, and (e) purchased it in the name of K-si account to cover the payment of the bill in the name of promissory notes.

However, the facts are as follows: (a) the Defendant was unable to pay the intermediate payment of KRW 700,000,000 after entering into a sales contract with G; (b) the Defendant was notified of the termination of the contract from G on February 28, 2006; (c) the Defendant was unable to pay the down payment of KRW 700,000,000,000; (d) the Defendant was unable to pay the down payment after borrowing the down payment from J; and (e) the Defendant was unable to pay the face value of KRW 1,00,000,000 from the beginning of 2006 to September 2008; and (e) the Defendant was unable to pay the face value of KRW 1,00,000,000 with the payment on behalf of the Defendant; and (e) the Defendant was unable to pay the face value of the Promissory Notes under the pretext of operation of H, even if he lent the promissory note from the Plaintiff to another person or borrowed money from a third person as a bill or repaid.

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