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(영문) 인천지방법원 2013.07.18 2013고합191
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

Of the facts charged in the instant case, December 27, 201, the primary facts charged.

Reasons

Punishment of the crime

The defendant is a person who actually operates G real estate located in Yeonsu-gu Incheon Metropolitan City E, such as F Real Estate.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) was delegated to the victim H and D on August 24, 2007, the Defendant acquired the right to sell the I apartment of Yeonsu-gu Incheon, 101 and 3601 (hereinafter “instant apartment”).

On June 12, 2008, the Defendant, at the F Real Estate Office, embezzled total of KRW 50,000,000,000 from the victims to the Agricultural Bank Account (J) in the name of the Defendant for the second intermediate payment from the victims, and embezzled total of KRW 7,120,000,000 from April 11, 201, from that time, the Defendant was arbitrarily used for personal debt repayment, stock investment, etc. in the course of business management, as described in the separate sheet of crimes (1) in the aforesaid manner, from April 11, 201.

2. On December 27, 201, the Defendant: (a) around December 27, 201, in the registration of the Incheon District Court located in Nam-gu, Incheon, Nam-gu, Incheon; (b) notwithstanding the fact that the actual seller of the apartment of this case was H and D; (c) upon filing an application for the registration of ownership transfer as if the Defendant was a legitimate seller, the Defendant used the registration of ownership transfer to enter false facts in the real estate register, which is a public electronic record, in the name of the Defendant; and (d) had the Defendant keep the real estate register

3. The Defendant has invested in the real estate including L apartment from around 2006 to 2007, but was considered to have suffered loss equivalent to one billion won due to the economic depression, etc., and even if there was no particular property, there was no intention or ability to repay the money from the victim D, even if he borrowed money from the victim D.

On September 10, 2007, the defendant tried to invest 200 million won in the redevelopment of Incheon-gu M&D by the victim at F real estate office around September 10, 2007.

3. Money;

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