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(영문) 서울남부지방법원 2017.02.02 2016고단3979
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 4, 2006, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Southern District Court, and was released on November 30, 2006, and the remaining term of imprisonment was expired on December 25, 2006.

"2016 Highest 3979"

1. On May 26, 2009, the Defendant against the victim C, at the E office located in Ansan-si D on May 26, 2009, transferred 60 square meters (1,983 square meters) out of the above land to the victim C by obtaining a building permit for water supply and drainage systems, roads, etc. so that it can be used as a site for electric power resource, and connecting the site with the packing roads by June 30, 2009 at the same time with the remainder payment until June 30, 2009.

If the contract deposit is not implemented, the amount of the contract deposit will be reimbursed.

The phrase “ makes a false statement.”

However, at the time, the Defendant, including the obligation of KRW 100 million to the Korea Credit Guarantee Fund, was committed more than KRW 200 million, while there was no substantial property and income. Therefore, the Defendant purchased the said land from G by June 30, 2009, and obtained permission for construction from G and did not have any intent or ability to transfer the said land to the victim at his/her own expense, and there was no intention or ability to compensate for the double amount of the down payment.

On May 27, 2009, the Defendant received delivery of KRW 15 million from the injured party to the new cooperation account (H) under the name of the Defendant as the down payment.

Accordingly, the defendant, by deceiving the victim, obtained money from the victim.

2. On June 6, 2009, the Defendant against the victim I transferred 400 square meters of the above land to the victim I at the K coffee shop in Ansan-si, J on June 6, 2009, at the same time, after obtaining a construction permit for water supply, sewerage, roads, etc. to be used as a site for electric source housing, and connecting the site and packing roads to the site and packing roads to be used as a site for electric source housing by August 6, 2009.

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