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(영문) 전주지방법원 2018.07.12 2016고단1399
사기
Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for ten months

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

"2016 Highest 1399"

1. The Defendants’ crime of fraud committed by the Defendants is entitled to profit if they purchased and reselled the land of 1388 square meters in the “E real estate brokerage office located in Masan-gu, Jeonju-si, Jeonju-si, Seoul-si, with the victim F in the “E real estate brokerage office” operated by the Defendant.

“On March 14, 2013, the victim had the victim purchase the said land in the name of the wife H with KRW 120 million.

However, in order to not resell the above land, the victim requested the defendant B to sell it before it or receive a loan as security.

Accordingly, in May 2014, Defendant B would sell the preferred land to the third party and pay the purchase price to the third party at the above real estate brokerage office.

“ ........”

However, at that time, Defendant B transferred the above land to Defendant A under the name of Defendant A, and immediately received a collateral loan and the Defendants jointly used the loan.

The proposal was made. The defendant A consented and provided the above real estate as a collateral and was prepared to obtain a loan, so the defendants had no intention or ability to resell the above land in a normal manner even if the ownership was transferred under the name of the defendant A and pay the price to the victim.

Nevertheless, on May 9, 2014, the Defendants: (a) enticed the victim; (b) caused the victim to obtain the registration of transfer of ownership in the name of the said land equivalent to KRW 120 million at the market price; and (c) acquired the said land by deceiving the victim of the said land by taking the loan of KRW 90 million at the domestic fisheries cooperative on the same day; and (d) acquired the said real estate at the market price of KRW 120,000 by using

"2016 Highest 2032"

2. The Defendant committed fraud against Defendant B’s victim I on September 3, 2015 with respect to the K real estate located in YY-gu, Yansan-gu, Jeonju-si, and with respect to YY-gu Ludio 401 in Jeonju-si.

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