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(영문) 전주지방법원 2015.12.11 2015고단1320
사기등
Text

The first crime, the third, the fourth crime, the second crime, and the second crime in the judgment of the defendant shall be sentenced to imprisonment in October, and the first-B crime in the judgment.

Reasons

Punishment of the crime

On July 14, 2006, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Jeonju District Court on June 29, 2007 and the parole period was expired on August 1, 2007. On November 11, 2009, the court sentenced two years of suspended execution to six months of imprisonment for fraud, and the judgment became final and conclusive on November 19, 2009.

"2015 Highest 1320"

1. Fraud;

A. On September 14, 2009, the Defendant: (a) received the sales contract amount of the integrated fishery market in YYYYYYYYYYYA, and (b) in fact, even if he did not want to use it, and paid it to the executor and did not have the intent or ability to cause the victims to sell it; (c) the victim E can be punished by the difference between the market price and the sale price of the comprehensive fishery market in e.g., by 3 million won; (d) the Defendant acquired 8 million won from E to the company bank account (G) account in the name of the Defendant around September 15, 2009, and acquired 8 million won in total from September 15, 2009 to November 9, 2009.

B. On November 19, 2009, the Defendant, at the 6th floor of the H building in the Jeoncheon-gu Seoul Special Metropolitan City, the Defendant: (a) paid the 50 million won of the down payment to K with respect to the I’s land located in JJ in the Jeonbuk-Gun, and (b) did not have the intent or ability to sell the I’s land to the victims even if he received the sales contract even if he did not receive the intermediate payment and the balance; (c) on November 19, 2009, the Defendant stated that “I would sell the sales contract amount of KRW 20 million for the I’s second commercial bonds at the face of the victim”; and (d) on November 19, 2009, the Defendant would sell the sales contract amount of KRW 50 million to the corporate bank account in the name of M as the sales contract amount, and KRW 14.5 million to the N bank account in the name of N bank.

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