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(영문) 수원지방법원 성남지원 2014.05.21 2013고단1795
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 8, 2013, the Defendant was sentenced to four months of imprisonment with prison labor for breach of trust at the District Court for the judgment on November 21, 2013, which became final and conclusive on November 21, 2013.

1. On January 2, 2008, the Defendant concluded a sales contract with the Defendant’s “F” restaurant of the E’s operation called “F,” which was located in the Seocho-gun Gam-gun, G G H, which was the Defendant’s shelitter of the Defendant, and concluded a false statement with the purport that “on April 2, 2008, the Defendant would cancel the right to collateral security and make a registration of ownership transfer for H land by dividing the part of the right to collateral security established on H’s land from among the right to collateral security established on H’s land until April 2, 2008, when paying KRW 49.8 million.”

However, at the time of concluding a sales contract on the above land, the above land had already been borrowed from J, K, etc. and was unable to repay it, and there was no specific plan to repay it, and thus, the above right to collateral was cancelled at the above time, and there was no intention or ability to execute the registration of ownership transfer to the victim by dividing the above land.

On January 21, 2008, the Defendant, by deceiving the victim, received 25 million won from the victim to the account in the name of E designated by the Defendant on January 21, 2008.

2. On November 16, 2009, the Defendant made a false statement to the effect that “H land is difficult to accept the registration of ownership transfer,” the subject matter of sale was changed from H land to 150 square meters (hereinafter “L land”), and the purchase price was set at KRW 60 million, and if the Defendant paid KRW 7 million in the form of land division expense out of KRW 35 million, he/she would cancel all collateral security rights established on L land until June 20, 2010, and divide the land and complete the registration of ownership transfer on L land.”

However, even if the defendant is paid the above seven million won by the victim, the defendant is a L.

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