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(영문) 의정부지방법원 고양지원 2017.09.22 2017고합41
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[criminal record] On October 25, 2016, the Defendant was sentenced to the suspension of the sentence of imprisonment for 8 months and the sentence was finalized on November 2, 2016, for the violation of the Punishment of Tax Evaders Act in the Goyang Branch of the Jung-gu District Court.

[2] On January 5, 2010, the Defendant: (a) borrowed KRW 100 million from the Victim F from the Victim F; (b) set up a collateral security right with the maximum amount of KRW 100 million on the part of KRW 14976/9275 square meters of G forest 20038 square meters in Seocheon-gu, Incheon-do (hereinafter “Yancheon-si”); and (c) on January 7, 201, as the person who suffered damage from collateral security, the Defendant set up a collateral security right with the maximum amount of KRW 100 million on the part of KRW 14976/9275 square meters of G forest 2038 square meters (hereinafter “forest located in Seocheon-si”);

The victim jointly purchased the down payment with the victim and caused the victim to pay the down payment of KRW 510 million to H and I.

On February 10, 2011, the Defendant’s “in order to smoothly implement a forest development project located in the Sinyang-gu Sinsan-si, Sinyang-si, Sinsan-si, the said forests and fields should be solely under the name of the Defendant.”

The term “a person who renounces his right as a joint purchaser of the above forest and field and cancels the right to collateral security on the forest and field located in Ycheon-si, thereby falsely concluding that the sum totaling KRW 680 million including the loan amount of KRW 100 million, the down payment of KRW 510 million, and the amount paid for all kinds of expenses, will be returned by preferentially receiving the remainder loan up to June 30, 201.”

However, the defendant could only get a loan of KRW 2 billion equivalent to KRW 65-70% of the value of the forest located in Yangyang-si, and even if the loan was granted, the defendant paid the remainder of KRW 2 billion for the forest located in Yangyang-si, and there was no other property or income, and there was no intention or ability to return KRW 680 million to the victim until June 30, 201.

Nevertheless, the defendant deceiving the victim as above and let the victim do so on the same day, and signed each letter of waiver of real estate purchase with the purport to waive the status of the joint purchaser of forest land located in ancientyang-si.

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