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(영문) 서울중앙지방법원 2017.08.16 2016고단5348
사기
Text

Defendant

A Imprisonment with prison labor for three years, and for ten months, for each of the defendants B.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant A is a person who has operated a planning real estate company called (ju)O located in Gangnam-gu Seoul N, Seoul, and Defendant B was a person who has been in charge of business, accounting, etc. at the above (ju)O.

1. On November 19, 2008, Defendant A decided to purchase two parcels of land, including 7,450 square meters, and 5707 square meters, owned by the victim Q Q from the victim, in the P judicial scrivener office located in the Female-gun of Gyeonggi-do on November 19, 2008, for KRW 350 million.

When the Defendant entered into a sales contract as above, the Defendant paid the amount of KRW 240 million to the Defendant as a security of R and S, once it is difficult for the Defendant to pay the real estate purchase price to the Plaintiff, and paid the purchase price to the Plaintiff with the money. The Defendant would acquire KRW 240,000,000 from the Party immediately upon the transfer of the registration of the real estate from the Party.

And the transfer income tax will pay the balance of sales to a third party immediately after real estate is sold, and the transfer income tax will be paid instead of the transfer income tax.

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

However, even if the defendant transferred ownership of the above two parcels of land from the injured party, he did not have any intention or ability to take over the obligation of the injured party with the collateral of the above real estate or to repay it by subrogation.

On January 16, 2009, the Defendant: (a) by deceiving the victim; (b) obtained each ownership under the name of the Defendant’s mother; and (c) acquired each ownership under the name of the ( state)O operated by the Defendant; and (d) acquired the two parcels of the above real estate in an amount of KRW 350 million in total.

2. Defendants

A. On May 6, 2009, the Defendants, at the 6th floor office of the Gangnam-gu Seoul Metropolitan Government U. U. building around May 6, 2009, recommended the defective V to purchase real estate in the name of the victim W, who is a arche, in the name of the victim, in Gangwon-do Hongcheon-gu X land, to transfer the shares of 1695 square meters in Hongcheon-gun, Hongcheon-gun, Yan-do.

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

However, the defendants are above the defendants on March 18, 2009.

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