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(영문) 서울북부지방법원 2018.04.12 2017고단1864
사기
Text

The defendant shall be punished by imprisonment with prison labor for one year and six months, and imprisonment with prison labor for the crimes of the No. 3 of the judgment.

Reasons

Punishment of the crime

On July 9, 2009, the Defendant was sentenced to a two-year suspension of the execution of imprisonment for breach of trust at the Seoul Northern District Court on June 17, 2009, and the judgment became final and conclusive on September 8, 2016. On September 8, 2016, the Defendant was sentenced to a two-year suspension of the execution of imprisonment for a crime of fraud at the same court on September 20 of the same month

Criminal facts

1. On April 4, 2008, the Defendant was working as a representative director of D (ju) who performed a new construction work of commercial buildings at his/her Government-si.

In fact, the Defendant had no particular import from around 2005, and had reached a total of KRW 960,000,000,000 without financial institutions, etc., and not only the Defendant guaranteed the payment of KRW 6 billion debt, but also the completion of the construction of the above commercial building was delayed due to the failure to pay the construction cost for the above commercial building properly.

In addition, on March 24, 2006, D (State) entered into a security trust agreement with the land trust of Korea (State) around March 24, 2006 and the land above C (State) as the priority beneficiary, and made a registration of the transfer of ownership of the above land in the name of land trust (State) on March 27, 2006. In addition, if the debts for loans to the above T-U Savings Bank remain, D transfer the ownership of the above land to the land trust of Korea (State) at the time of completion of the building where the above T-U Savings Bank was constructed, and even if it was delivered the down payment pursuant to the sale contract, there was no intention or ability to transfer the ownership of the commercial building normally.

Nevertheless, on April 4, 2008, the Defendant makes a false statement to the victim E at a certified judicial scrivener office located in the Gongung-dong, Seoul Special Metropolitan City, Nowon-gu, to sell 505,506 units to the victim E, and its affiliated place is 2 places in the name of the victim and the family member of the victim.

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