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(영문) 수원지방법원 2014.12.24 2014고단4068
사기
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On August 21, 2012, the Defendant was sentenced to the suspended sentence of ten months for the violation of the Road Traffic Act (accident after the accident), etc. on October 24, 2013, and the judgment was finalized on October 25, 2013. On June 25, 2014, the Seoul High Court sentenced the suspended sentence of two years for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. on August 27, 2014, and decided on August 27, 2014.

On February 19, 2012, the Defendant, the representative director of C, would sell the victim F (the age of 29) via E at the office of C Co., Ltd. located in Gyeonggi-gun, Gyeonggi-do, to the G 1,680 square meters [the number of the land subject to the sale is changed on June 6, 2012, with the change of the contract contents, to 11,000,000 square meters [the number of the land subject to the sale is h 1,984 square meters (the provisional division No. 9)] of the land subject to the sale to the victim for KRW 11,00,00,000, the Defendant would resolve all of the collateral debt, provisional disposition, application for auction, etc. established on real property.

"At the end, 5,000,000 won shall be delivered as down payment from the victim who believed it, and 50,000,000 won shall be paid as part payment around April 16, 2012, under the pretext of part payment, and the same year under the pretext of balance.

7.5. Minority: 5,000,000 won for the same year under the same name.

7. 25. Around February 18, 2013, a sum of KRW 67,000,000,000 in the name of acquisition tax, was transferred to a post office account (I) account in the name of the defendant; KRW 2,000,000,000 in the name of E around July 5, 2012; and KRW 4,00,000,000 in the name of E around 25.25.

8. A person received a remittance of KRW 1,000,000 on or around 31.31; KRW 8,000,000 on or around 21.21.21 of the same year; and KRW 9,400,000 on or around February 6, 2013.

In fact, at that time, the Defendant had an obligation exceeding KRW 8,00,000 in the process of developing a single-party G land in Gyeonggi-gu, Gyeonggi-do, and there was no intention or ability to cancel the collateral collateral obligation, to withdraw the auction, and to withdraw the collateral collateral obligation that the Defendant promised with low sales performance.

As a result, the Defendant deceivings the victim by such a method as above, and then sold KRW 91,40,000 from the victim.

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