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(영문) 인천지방법원 2017.11.23 2016고단7498
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 5, 2010, the Defendant: (a) proposed that “the Plaintiff may develop and sell a forest G2,744 square meters (hereinafter “real estate”) in a housing site as a part of the Incheon-gun, Incheon-gun, Incheon-gun, Incheon-gun, and (b) dispose of it more than the present market price,” at the Fbuy point operated by the Victim E on June 14:0, 2010; and (c) concluded a joint agreement with the victim on June 8, 2010, that “the business of creating and selling a housing site as well as defects in the business of developing and selling the housing site at a higher price than the current market price,” and that “the Defendant received a loan from the victim’s wife located in the Si of Incheon-si, Incheon-si, Incheon-si, to use the money that the Party needs to obtain as a collateral for the project, such as the creation of the housing site, and deposit the remainder of the loan with the victim’s money.”

However, at the time of fact, the Defendant had no intent or ability to develop the above real estate properly and to pay the profits to the victim (it is rhythizing the facts charged by reflecting the issues revealed during the trial process and the results of the examination of evidence so as not to hinder the Defendant’s exercise of his right to defense). Nevertheless, the Defendant, by deceiving the victim of the above real estate as above, set up the right to collateral with the maximum amount of KRW 156,00,000,000 on the security of the said real estate as KRW 94,000,000, ② around December 20, 2010, with the maximum amount of claims KRW 150,000,000, E, the debtor, and the mortgagee, ③ the maximum amount of claims KRW 150,000,000,000, 3000, 3000, 300, 301, 3000, 3000, 3000.

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