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(영문) 부산지방법원 2015.06.05 2014고합702
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On October 31, 2014, the Defendant was sentenced to imprisonment with prison labor and six months in Busan District Court for fraud, etc. on December 30, 2014, and the judgment became final and conclusive on December 30, 2014.

【Criminal Facts】

On March 17, 2013, the Defendant entered into a sales contract with the victim G, who owns 1/2 equity interest in the Felel in Busan Dong-gu, Busan, and the victim H, who is the 1/2 equity interest in the Felurian E, accepted the conclusion of the sales contract.

The contents of the sales contract are determined as I who is the birth of the defendant, and the purchase price is KRW 2.95 billion, and it is paid on April 1, 2013, and the existing bank interest loan KRW 1.63 billion is to be succeeded by the defendant.

(However, at the time of entering into a contract, the contract amount of KRW 30 million is paid, and the balance of KRW 2.65 billion is paid as of April 1, 2013). The Defendant made a false statement to the effect that, around March 28, 2013, the Defendant would pay KRW 2.65 billion to the victim G in the Fmoel located in Busan Dong-gu, Busan, and at around 11:00, the Defendant would pay KRW 800 million to the victim G with a registration receipt only if the father has a registration receipt. First, the registration will be transferred. The remaining money will be paid as loans newly incurred after the registration and money borrowed from a small father.”

However, there was no fact that the father of the defendant's small father had paid KRW 800 million to the defendant. The loans that the defendant newly incurred after the registration are insufficient to pay the victim G the above telecom, and there was no other defendant's property and there was no intention or ability to pay the victim G the above telecom.

As above, the defendant deceivings the victim G with the authority to dispose of the above Furher whole, that is, he/she shall receive the documents from the victim G to transfer the above furhere at the seat, and shall do so in the name of I on the same day.

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