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(영문) 대전지방법원 천안지원 2018.06.20 2017고합118
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 8, 2015, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Daejeon District Court on August 8, 2015, and the said judgment became final and conclusive on the 16th of the same month.

Even if the Defendant purchased the 2017 Highest 118, the victim C’s land, the Nam-gu, Nam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City (hereinafter “the instant land”), the Defendant was aware that the instant land was loaned from financial institutions as collateral and did not intend to use the loan, and that E Co., Ltd. (hereinafter “E”) did not intend to establish a factory by purchasing the instant land. However, the Defendant, under the name of E, concluded a sales contract with the victim for the instant land and received a loan as collateral after having concluded the sales contract with the victim.

around March 26, 2013, the Defendant: (a) purchased the instant land from the “G Certified Judicial Scriveners Office” located in Nam-gu, Nam-gu; (b) issued gift tax instead of KRW 1,50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00

4. Around September, 200, the victim had the victim obtain pecuniary profits equivalent to KRW 440 million equivalent to the remainder of the real estate purchase price, by setting up a mortgage, which is set up as the debtor H, the maximum amount of claims KRW 684 million, and the Federation of Fisheries Cooperatives and Fisheries Cooperatives, on the instant land.

The Defendant, “2017 Gohap 135,” after hearing the horses from the first police officer of early 2013, “one parcel of land, other than this parcel of land, has come into a movable property,” the Defendant entered into a sales contract for the said land and received the loan as a security, even though the funds necessary for the purchase of the said land have not been prepared.

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