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(영문) 제주지방법원 2017.10.19 2016고합131
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On February 18, 2016, the Defendant is a person who was sentenced to a suspended sentence of two years for a violation of the Mountainous Districts Management Act by this court on February 18, 2016, and the judgment becomes final and conclusive on the 23th of the same month.

On February 4, 2009, at the office of the defendant in Jeju Island, the defendant transferred E, F, G, H, I, J, K, K, L, and M (hereinafter “the aforementioned nine parcels”) in the name of the representative director to the corporation of the defendant and paid 7 billion won in compensation to the victim, etc. at the office of the defendant in Jeju Island, where the ownership had been completed under the name of the victim D and five other names, and the defendant agreed to pay 3.3 billion won in compensation to the victim, etc. of the above nine parcels of land (hereinafter “the above nine parcels”), each of which is set up in the National Agricultural Cooperatives Federation. The defendant paid 2.3 billion won in compensation to the victim, etc. by June 10, 2009, and the remaining 1.4 billion won in compensation for the payment to the victim by establishing a collective security right equivalent to the amount of the above parcels of land.

Accordingly, the Defendant established an agricultural partnership N (hereinafter “N”) on the 6th day of the same month, and completed the registration of transfer of ownership to N in the name of the said nine parcels and Jeju-si on the 13th day of the same month, and completed the registration of Jeju District Court and the registration of Jeju District Court on February 13, 2009, No. 9675 on the 10th day of the above 10th day of the same month, and completed the registration of joint collateral security establishment with the debtor N, and the mortgagee as victim D on the 10th day of the same month.

On April 2010, the Defendant called a telephone to the victim in Q Q’s house located in P, located in P, in order to prevent the Defendant from selling a bond amounting to KRW 200 million by offering the above land as security, thereby preventing an auction by repaying the overdue interest obligation on the agricultural loans, and then establishing a mortgage again.

“The purpose of “ was to make a false statement.”

However, it is true.

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