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(영문) 서울서부지방법원 2015.08.27 2014고단2977
사기
Text

A person shall be punished by imprisonment with prison labor for one year and six months, and one year for the second crime as stated in the judgment of the defendant as to the first crime.

Reasons

Punishment of the crime

[criminal power] On June 28, 2011, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Western District Court for fraud, and the judgment was finalized on May 10, 2012. On September 6, 2012, the Seoul Western District Court sentenced six months of imprisonment with prison labor for fraud and two years of suspended execution, which became final and conclusive on January 25, 2013.

1. [2014 Highest 297] around May 8, 2012, the Defendant proposed to sell E, the births of the victim C, which was an elementary school, at the coffee shop located in Seocho-gu Seoul, Seocho-gu, Seoul, to 302, Nam-gu, Incheon, which was its ownership from the victim, 308, 301, 301, 301, 301, etc. 4 of the Seocho-gu Seoul, Seoul, and 301, 301, 301, etc. (hereinafter “each of the instant cases”), to whom the right to dispose of the purchase price was delegated to E, “If it is difficult for C to obtain a large amount of bonds, and there is no need to do so, 300,000,000 won, 10,000,000 won, 20,000 won, 30,000,000 won.

However, in fact, the Defendant acquired ownership of each of the studio of this case, which was owned by the victim, and sold it to a third party or tried to use it at will, by establishing a right to collateral security, and did not have any intent or ability to transfer the above FF loan to the victim again or to pay the purchase price of KRW 350 million.

Nevertheless, there is a need to do so.

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