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(영문) 제주지방법원 2020.12.17 2020고합118
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 29, 2016, the Defendant purchased approximately KRW 8265 square meters (hereinafter “instant land”) of B forest land in Seopopopo-si, Seopo-si, Seopo-si (hereinafter “instant land”) at KRW 1.422,5 million (hereinafter “instant land”), and completed the registration of ownership transfer under the name of the Defendant on August 29, 2016.

In addition, on August 29, 2016, the Defendant provided the instant land as collateral and set up a maximum amount of KRW 600 million to C. On November 3, 2016, the Defendant borrowed KRW 500 million from four persons, including D, on the condition that he/she will pay interest of KRW 10 million per month from four persons, including D, and provided the instant land as collateral, set up a maximum amount of KRW 700 million for the claim amount to four persons, including D, and around February 10, 2017, borrowed KRW 50 million on the condition that he/she will pay interest of KRW 30 million to E for three months from E and set up a collateral for the claim amount of KRW 650,000,000,000 to E by providing the instant land as collateral, etc. When the Defendant was unable to obtain a loan from financial rights, the Defendant was obligated to pay interest to the credit service provider, etc., and was financed by means of loan from the loan.

On February 15, 2017, the Defendant: “Around February 15, 2017, the victim F, who believed the end, remitted KRW 400 million as the down payment on the same day, to the victim F, stating, “If the instant land is installed only in the water supply and drainage system, it is possible to perform the construction act and can sell it at an elevated level.”

However, around February 18, 2017, after the victim paid down payment, the Defendant purchased 1,000 square meters for the victim’s “1,500 square meters if it is difficult for the person who was trying to purchase the said land together with B to obtain permission for construction of the instant land.” Moreover, the Defendant would purchase 1,000 square meters if it is difficult for the victim to purchase the said land only by mixing with B to cancel the contract and to refund the down payment.”

The instant land is up to the construction of commercial buildings.

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