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(영문) 서울중앙지방법원 2016.07.08 2012고단4093
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On April 23, 2008, the Defendant was sentenced to one year of imprisonment for a crime of breach of trust at the Seoul Central District Court on April 23, 2008 and was released on March 30, 2009 and the parole period expired on April 22, 2009.

On the condition that from September 2010, the Defendant paid KRW 134 million for soil construction costs, and KRW 538 million for soil construction costs, the Defendant purchased KRW 595 square meters for the former KRW 595 square meters in G from September 2010, and carried out the business of constructing and selling KRW 7 mix 445 square meters on the land.

1. On November 14, 2010, the Defendant against the victim H extended the said I land by the victim H. In order to construct and sell “D and F-ground lending to the victim.” As security, the Defendant borrowed money to use the said land as a contribution to the development of D-land to establish the right to collateral security, and would have paid in full within three months thereafter.

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

However, at that time, the above D land is a situation in which the defendant established the right to collateral security of KRW 560 million with the above E as the debtor, and received a loan of KRW 400 million from the present agricultural cooperative in Incheon National Agricultural Cooperatives, and paid the above C the price for land. The above F land is a debtor with the above G, and only established the right to collateral security of KRW 2150 million with the maximum amount of the claim amount of KRW 250 million with the above G as the debtor, and only paid KRW 140 million out of the land price to the above C with the loan of KRW 1550 million from the annual credit cooperative. On the other hand, the defendant did not pay KRW 60 million out of the remainder of the land price. On the other hand, the defendant did not have any revenue or property, and there was no possibility for the construction of the remaining land price and soil construction cost, transfer registration cost, development charges, etc., and did not have any intention or ability to pay money otherwise.

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