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(영문) 부산지방법원 동부지원 2016.08.10 2016고단853
사기미수등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The defendant jointly invested funds with C, etc., constructed the Busan Suwon-gu Down-gu D, in charge of construction, and then shared profits from sale. The land owner E purchased the above site from the land owner E and completed the above lending around July 15, 2005.

In this regard, when the dispute continues due to the lack of the sale of the above lending and the appearance of persons claiming rights to the lending, the defendant agreed to transfer all rights to the lending lending lending lending to C.

After that, there was a dispute between the defendant and C in relation to the terms of the above agreement.

The Defendant paid 50 million won to the Defendant, and agreed to return the leased deposit equivalent to 80 million won in total to the lessee of the loan. During the process, the Defendant prepared the documents such as “mutual agreement” and “the certificate of borrowing”.

On the other hand, C argued that “If the above loan is sold in lots, the defendant would pay 50 million won out of the sale price in return for the transfer of the right, and the creditor of the construction cost who claimed the lien on the above loan would pay 80 million won in total on behalf of the defendant to the creditor of the construction cost who claimed the lien on behalf of the defendant, and “the two agreements” are written in relation to the agreement on a separate criminal case.

On June 12, 2015, the Defendant filed a lawsuit seeking reimbursement against Busan District Court Branch C, etc. with the Busan District Court Branch C, etc., and argued that the content of the “mutual agreement” that he prepared with C, etc. is that “the Defendant shall return the lease deposit to the lessee referred to in subparagraphs 401, 501, 601, 701, and 701 shall be entitled to reimbursement from C, etc.”

The Defendant returned the lease deposit to F among the above lessees, and F actually returned the deposit to F.

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