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(영문) 대전지방법원 홍성지원 2013.11.27 2013고단634
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant was sentenced to two years of imprisonment for fraud at the Incheon District Court on December 23, 2008, and the defendant completed the execution of the sentence in the third prison of North Korea on September 12, 2010.

1. Fraud;

A. A. On July 30, 2012, the Defendant, around July 6, 2012, concluded that “Around July 6, 2012, the Defendant supplied the test and goods to be provided as security by setting up a mortgage on F and G land and building in the Seocho-gu Seoul Metropolitan Government D office for the victim Co., Ltd. located in Seocho-gu Seoul Metropolitan Government, to E, a business employee.”

However, on February 2012, the Defendant took over the Food Materials Distribution Business “H”, and bears approximately KRW 80 million, and the credit amount to be repaid to the Customer reaches KRW 120 million. At the time of the aforementioned strike, a special agreement was made to cancel the establishment of a collateral security in the event that the purchase price cannot be paid within the due date when entering into a sales contract with J, the owner of the land and the building in I, and the Defendant did not have any intent or ability to pay the purchase price to J to cancel the establishment of the collateral security. Furthermore, there was no intention or ability to pay the purchase price to the victim.

Nevertheless, the Defendant, by deceiving the victim, received a delivery of the amount of KRW 5,7750,00 from the victim.

B. On August 2, 2012, the Defendant: (a) around July 2, 2012, the Defendant concluded that, “Around July 2, 2012, the Plaintiff would purchase M& land and buildings with KRW 240,000,000,000 for the owner of the land and buildings in Gyeonggi-si M and the victim N, the owner of the building, and the victimO.” (b) the Defendant would pay the remainder of the intermediate payment and the balance with the sales price of the goods, with priority over the down payment, and if the real estate is provided as security to the customer, then the Defendant would pay the remainder

However, the Defendant, on February 2012, takes over the Food Materials Distribution Business “H” and takes over approximately KRW 80 million.

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