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(영문) 수원지방법원 2016.08.30 2015고합302
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Imprisonment with prison labor for a crime of No. 1 of the judgment of the defendant, for a crime of No. 2 and No. 3 of the judgment of the court below, shall be punished by imprisonment for a year.

Reasons

Criminal facts

[criminal record] On April 20, 2012, the Defendant was sentenced to a suspended sentence of two years to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on April 20, 2012, and the judgment became final and conclusive on April 28, 2012. On December 22, 2014, the Defendant was sentenced to imprisonment with prison labor for one year and six months for fraud and the judgment became final and conclusive on March 26, 2015.

[Criminal facts]

1. On February 18, 2013, the Defendant, “2015 Gohap 302,” purchased the instant 16 household loan from the victim F to the victim F at the E-official brokerage office located in Ansan-gu, Ansan-gu, Mayang-gu, Mayang-gu, and 3 lots of land owned by the victim (hereinafter “the instant loan”).

However, if the registration of ownership transfer is completed to a person designated by the Republic of Korea within 104 and 204 of the loan of this case, the right to collateral security for the maximum amount of 800 million won against the 10 parcel of land, including Chungcheongnam-gun, Chungcheongnam-do, J (hereinafter “each of the real estate of this case”), which is held in the name of the Republic of Korea in order to secure the purchase price, shall be set up, and the remaining 14 households shall be paid the ownership transfer registration at the same time as the ownership transfer registration, and all the sales proceeds shall be settled within five months.

If there is no additional transaction within 20 days, a false statement was made to the effect that 1.49 billion won should be paid as compensation for damages.

Around March 6, 2013, the Defendant continued to enter into a contract with the victim with the instant 14 households within 20 days after the first arrangement. However, within 10 days, the Defendant’s registration of the transfer of ownership to the instant 14 households, to a person designated within the Republic of Korea, who received additional loans from the Plaintiff as collateral and received the payment of KRW 1.6 billion out of the purchase price. As security for the balance of the purchase price, the Defendant completed the provisional registration on each of the instant 2 lots of Pyeongtaek-si and 2 lots of land (hereinafter “instant 2”).

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