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(영문) 춘천지방법원 강릉지원 2014.03.19 2013고단859
사기
Text

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

Reasons

Punishment of the crime

[criminal power] On October 15, 2013, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Gangseo branch court of the Chuncheon District Court, and appealed for two and a half years and six months, and is still pending in the appellate trial.

【Criminal Facts】

The defendant is the actual operator of (State) AC Building 4103 in Busan Shipping Daegu.

(1) On December 5, 2005, the Defendant concluded a contract to purchase the above ownership and business rights of KRW 7.8 billion from G, the representative director of the F, who entered into a contract on December 5, 2005, to purchase the above ownership and business rights of KRW 7.8 billion. However, after the payment of down payment of KRW 700 million, the contract was terminated due to the shortage of funds. However, due to the court’s adjustment, the Defendant was only the right to claim the return of KRW 350 million, which is part of the down payment. Since the above land was at the auction of the F, which was operated by AE on August 13, 2009, there was no right to claim the return of KRW 350 million, which is part of the down payment.

1. On February 17, 201, at the coffee shop located on the first floor of the Gangnam-gu Seoul Metropolitan Government AH building, the Defendant presented a receipt to the said victim to the effect that “not later than March 3, 2009, he paid 4.3 billion won as part of intermediate payment,” and (i) in relation to a building unregistered on the ground outside AD and four lots of land of Jeollabuk-do, Jeollabuk-do, Seoul, the Defendant paid KRW 450 million to the damages for delay after obtaining a conciliation decision from the Jeonju District Court, and (ii) paid KRW 4.3 billion by March 3, 2009, the Defendant completed the registration of subrogation and conducted the business by auction.”

However, the defendant is down payment to G.

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