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(영문) 대전지방법원 천안지원 2016.12.09 2016고단1554
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[Criminal Power] On November 27, 2013, the Defendant was sentenced to seven years in the Incheon District Court to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment became final and conclusive on June 12, 2014.

【Criminal Facts】

1. The Defendant, from around September 207 to around 3, 2007, through the construction of E Commercial Building (hereinafter “instant commercial building”) in the name of Gyeyang-gu, Incheon, Inc. and D from around September 3, 2007, the Defendant borrowed the site of the instant commercial building as collateral and took the lead in the sale of the instant commercial building even after the owner was changed to H corporation on December 1, 2010 with F, G, as it is likely to be subject to compulsory execution against the instant commercial building due to the refusal of maturity extension from the Han Bank, which was the case where the maturity extension on October 2010 from the Han Bank, which was the case where the said D’s owner was extended to H corporation, but F, and G were performing the sale of the instant commercial building under the direction of the Defendant.

On April 9, 2012, upon the application for provisional attachment by the Hyundai Swiss 2 Savings Bank, which is the site purchase fund of the instant commercial building, the preservation registration was completed in the name of the said H Stock Company, the owner of the instant commercial building. On April 24, 2012, the registration of transfer of ownership was made under the name of the international trust company on the ground of trust on April 24, 2012. However, on July 4, 2012, the provisional disposition registration was made upon the request of one bank, and the Defendant did not have any intent or ability to impair the registration of transfer of ownership even if he/she sells part of the instant commercial building to any other person

On January 23, 2013, in collusion with G and F, the Defendant sold three stores, including 121, 122, and 123, to the victim I in the sales office of the instant commercial building on January 23, 2013. However, the Defendant would arrange for the cancellation of the contract by failing to pay the down payment and the intermediate payment.

If the sale in lots is required for mind, transfer of ownership will be avoided after completion within one month. If ownership is held within two months, ownership will be held within one month.

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