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(영문) 수원지방법원 성남지원 2018.02.22 2016고합116
특정경제범죄가중처벌등에관한법률위반(사기)등
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 becomes final and conclusive.

Reasons

Punishment of the crime

Ⅰ. On July 24, 2014, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with labor for a violation of the Waste Management Act from the Cheongju District Court’s Jeju District Court Branch on the violation of the Waste Management Act, and the judgment became final and conclusive on May 22, 2015.

Ⅱ. Criminal facts [2016 Gohap 116] The Defendant: (a) registered the right to request the transfer of ownership on July 19, 2013 on the ground of the promise to sell and purchase the G and complex building H on July 12, 2013 with respect to subparagraph 102 below the third floor of building G and complex building in Seongbuk-gu, Sungnam-si; (b) however, the Defendant paid the sales deposit amount to KRW 360 million and paid the balance and did not have any intent or economic ability to acquire ownership by transferring it to this registration; and (c) on September 25, 2013, the Defendant had the right to request the transfer of ownership to the lessee to cancel the registration ( even if the trusteeI, as defined in subparagraph 102 of Seoul District Court Decision 2013Da2013547, Sept. 25, 2013, he could not obtain the right to request the transfer of ownership from the lessee during the lease period.

1. On October 14, 2013, the Defendant concluded a sales contract to purchase the above three-story underground floors of KRW 102,60,000,000 and filed a registration for the right to request the transfer of ownership with the victimJ office located in Seongbuk-gu Seoul Metropolitan City, Seoul Metropolitan City F, 7,7,01.

The payment of the balance and the balance is expected to transfer ownership, and it will be leased to the party.

“False speech was made to the effect that it was “.”

However, the defendant did not have the intent or ability to lease the above commercial building to the victim.

As such, the Defendant, by deceiving the victim, shall receive total of KRW 300 million from the victim, including KRW 50 million on October 14, 2013, KRW 50 million on October 31, 2013, KRW 50 million on October 31, 2013, and KRW 200 million on November 22, 2013, from the agricultural bank in the name of the head of the Tong in the name of the Bank of Korea.

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