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(영문) 대구지방법원 안동지원 2012.12.10 2012고단829
사기
Text

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

Reasons

Punishment of the crime

On April 17, 2007, the Defendant was sentenced to a suspended sentence of two years and a fine of three million won for a crime of violating the Illegal Check Control Act in the Daegu District Court's Ansan Branch on the charge of violating the Illegal Check Control Act, and the above judgment was finalized on February 14, 2008.

1. On May 20, 2007, the Defendant stated that “The Defendant would pay the purchase price by May 30, 2007, when the Defendant transferred the ownership of KRW 132,325,000 to the victim D with the excess of three lots of land, such as the e, outside the e, the e, the e, the e, the e, the e, the e, the e, the e, the e, the e, the e, the e, the e, the e, the e, the e, the e, the e, the

However, in fact, the defendant did not have any special income for the time when he was released, and there was a debt of 70 million won or more, so even if he acquired the ownership of the orchard from the victim, he did not have the intention or ability to pay the price in addition to receiving the loan from the rural Corporation.

On May 30, 2007, the defendant acquired the registration of transfer of ownership from the victim to the above 3th orchard.

2. On May 30, 2007, in the course of purchasing orchard from the victim, if the loan to rural Corporation was not more than 85,000,000 won and the purchase price was not more than 85,000 won, and the defendant extended 40,000,000 won from the victim D's house located in Ansan-si, Dong-si, where he had come to fall short of the purchase price, he would receive the loan from the 2 financing right to repay the remainder of 47,325,00 won and the 40,000 won borrowed from the 47,325,000 won and the 40,000 won borrowed from the 2 financing right within 15 days.

‘A false statement' was made.

However, in fact, the Defendant thought that the funds borrowed from the victim would be appropriated for the purchase price of other orchard in Sung-gun H, Sung-gun. The Defendant had already set a senior security in an amount equivalent to KRW 9.6 million for the above apartment, and the above rural construction corporation had already set up an additional security on June 5, 2007. Thus, it is possible for the Defendant to obtain additional loans on the above apartment as security.

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