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(영문) 수원지방법원 2018.02.08 2017고단6015
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has operated “C”, a wood craft company.

On November 2014, the Defendant: (a) at the site of land D in Sungsung City around November 2014; and (b) to the victim E, “The development project for land D, F, and G is under way; (c) purchase at 100 square meters out of the above land; (d) purchase at 150 million square meters out of the above land; (c) construction of a new building with a loan from the above land as security and registration of ownership transfer at 100 square meters out of the above land.

The construction may begin at the end of three months, and the construction will be completed around June 2015, which is prior to the clerical error.

“.....”

However, in fact, the Defendant was granted a loan from the Namyang Agricultural Cooperatives on July 23, 2014, and completed the registration of the establishment of the right to collateral (1.7 billion won) under the pretext of collateral for the loan granted by the said Agricultural Cooperatives, which was the previous owner, and reached the amount equivalent to KRW 15 billion with interest that should be paid every month, and the payment of promissory notes issued in the name of “C” was urgent. Thus, even if receiving the down payment from the damaged person, the Defendant did not have any intention or ability to obtain the registration of the transfer of ownership of the said land, and did not notify the victim of the fact that the right to collateral was established.

The defendant deceivings the victim as above, and that deceivings the victim, and on October 27, 2014, the defendant borrowed from the victim.

20 million won is to be replaced as part of the down payment, and the victim separately received from the victim on November 24, 2014, KRW 75 million, and KRW 35 million on November 25, 2014, respectively, from the Defendant’s corporate bank account (Account Number: H). On December 1, 2014, the victim acquired KRW 150 million in total by transfer from the Defendant’s corporate bank account (Account Number: I) to the Defendant’s corporate bank account under the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of E in the protocol of interrogation of the suspect against the accused by the prosecution;

1. J.

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