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(영문) 전주지방법원 2015.08.20 2014고단1431
사기
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On January 23, 2014, the Defendant was sentenced to two and a half years of imprisonment for fraud, etc. at the Jeonju District Court on January 23, 2014, and the said judgment became final and conclusive on October 2, 2014.

【Criminal Facts】

On November 19, 2012, the Defendant received 107 billion won from the victim C Co., Ltd. in actual 377,4760,000,000 won of the building at the Seoul Special Law Office located in Geumcheon-gu, Seoul Special Metropolitan City on November 19, 2012, the Defendant paid KRW 275,000,000 as part of the purchase price by borrowing KRW 275,00,000 from the bank on the basis of the fact that the contract was prepared with KRW 538,00,000,000 from the managing director of the said C Co., Ltd. to pay KRW 196,287,824,00,000,000 from the purchase price and KRW 38,00,000,000,000,000 from the total of taxes under the business contract and KRW 196,50,737,824,35,2013.

However, the fact is that the financial standing of the (State)F operated by the defendant is insufficient, and there was no special property or profit from the defendant. Therefore, even if the registration of ownership transfer with respect to the above 107 is completed, there was no intention or ability to pay the remaining remaining amount of KRW 196,287,824.

On November 19, 2012, the Defendant: (a) by deceiving the victim; (b) obtained on November 19, 2012 from the victim the registration of ownership transfer for the Category 107 of D Building under the name of (F) Defendant’s operation; and (c) acquired the above pecuniary benefits of KRW 196,287,82

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E and G;

1. The defendant's partial statement in the first protocol of trial;

1. Each police statement of E and G;

1. A complaint;

1. Each report on investigation;

1. A contract for the sale of D building, a business registration certificate, a notarial deed, a mortgage contract, and a copy of the register;

1. The previous decision: criminal records, criminal investigation reports, and criminal punishment A against suspects;

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