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(영문) 서울서부지방법원 2015.12.23 2015고단1207
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 1, 2011, the Defendant was sentenced to four years of imprisonment for a crime of fraud at the Gwangju District Court, and the said judgment became final and conclusive on September 29, 201. On January 4, 2012, the above judgment became final and conclusive on January 12, 2012 after being sentenced to five months of imprisonment for a crime of fraud by the said court, and completed the execution of the said sentence in the Innju Prison on December 3, 2014.

[Criminal facts] The Defendant was a person who served as the actual president of the corporation D, a planning real estate company, in the third floor of the Seo-gu Seoul Building in Gwangju Metropolitan City.

Around November 2008, the Defendant, via F, etc., against the victim E, who was called “G President,” who was an employee of the said company, after receiving a real estate purchase advisory phone from the said company, and found in the said office. At this time, the G President restored the Cheongcheon-do in opposition by the Seoul Special Metropolitan City residents. At the same time, to make a large canal at the same time, it is the special area of the said share owner. The purchase of land at the rate of KRW 600,000 in the G regime, which is from three to five years later, would be at least KRW 3 million per square. At present, outside Seoul, with information and knowledge, are in the state of land. As farmland or woodland becomes commercial, and now remains in the name of the president of G and H Minister, which is currently recommended to purchase the said real estate through the said company’s purchase of the said real estate by dividing the land by individual.”

However, in fact, the Defendant did not have the ability to fully pay the purchase price to I during the Gyeonggi-si, which recommended the victim to purchase, and did not have the intent or ability to divide the land and transfer the ownership of the land even if the contract was concluded because the right to collateral security of 2.5 billion won is established for the land.

Nevertheless, the defendant deceivings the victim as above, and is governed by the JJ at the time of Gyeonggi-do between November 2008 and December 2008.

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