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(영문) 대전지방법원 천안지원 2017.11.09 2017고단284
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

"2017 Highest 284"

1. The Defendant was the representative director of the Dispute Resolution Co., Ltd in 2006, the representative director of the Dispute Resolution Co., Ltd in 2015, and the victim E is the victim E, a total of three parcels of land, including 4,463 square meters, G, 750 square meters, and H, 529 square meters.

On August 18, 2006, while the Defendant developed a single land at Asan City and prepared to build a factory site, the Defendant entered into a primary sales contract setting the purchase price of the said three parcels of land owned by the victim as KRW 240,000,000, but failed to perform the contract.

2. After the termination of the first sale contract, the Defendant, with the knowledge of the fact that the first sale contract was terminated, was designated as a production management area and that it was not easy to develop the first single land, was in fact given up the abandonment of the first factory site creation project for the first one, and the need for funds to repay personal debts, etc., the Defendant concluded a sale contract for the land owned by the victim and received the loan as a security, and used

On October 1, 2015, the defendant tried to continue to operate a business which he/she had previously tried to operate with the victim in the office of a judicial scrivener in Nam-gu, Chungcheongnam-gu.

In the meantime, the two contracts have not been implemented, but have not been implemented at this time.

As in the past, 295 million won is agreed to enter into a land sales contract and set up a collateral security on the above land, and 10 million won is the priority down payment, and the remainder of the land price after obtaining a loan from the Alley Mad Co., Ltd., and making a payment without any molding until October 30, 2015.

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

However, in fact, the Defendant was thought to use the entire amount of the loan as repayment of personal debt, and the personal debt amounted to KRW 700 million, and there was no other property, and there was no way to seek a large amount of KRW 285 million in the short term of one month, and even if the Defendant established a collateral security on the land owned by the victim and received money, the balance of the loan is paid to the victim.

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