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(영문) 인천지방법원 부천지원 2017.05.31 2016고단3355
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[criminal history] On September 24, 2015, the Defendant was sentenced to a suspended sentence of two years for a violation of the Labor Standards Act in the Vice-Support of the Incheon District Court, and the judgment became final and conclusive on December 8, 2015.

[Criminal facts]

1. On November 20, 2009, the Defendant, on July 12, 201, knew-si, Kimpo-si, Kimpo-si, Kimpo-si, owned by the Defendant, sold the said real estate without notifying that the registration of collateral security amounting to KRW 15 million with the maximum amount of KRW 45 million with the F’s credit amount, and KRW 45 million with the credit amount in the name of the Plaintiff was completed on July 23, 2010, as well as the registration of collateral security at the maximum amount of KRW 650 million with the credit amount in the name of the Jeju Jeju Jeju Jeju High District Cooperative (hereinafter “instant real estate”).

On August 1, 2011, the Defendant did not notify the victim of the fact that the registration of the right to the instant real estate in F and G name has been completed at the J Authorized Brokerage Office located in Kimpo-si I, Kimpo-si, Kimpo-si, as above, and without notifying the victim of the fact that the registration of the right to the instant real estate in F and G name has been completed, the Defendant sold the instant real estate in KRW

When the intermediate payment is made, it is false to the effect that the right to collateral security established in the real estate of this case is cancelled, and the ownership transfer registration is made without the right to collateral security.

However, the real estate in this case was not only registered as a collateral in the name of the Jeju Jeju Jeju High Credit Cooperative, but also registered as a collateral in F and G name, and the defendant had no intention or ability to register the transfer of ownership of the real estate in this case with no intention or ability to register the transfer of ownership of the real estate in the state that the registration of the right to collateral security was cancelled by the registration of the right to collateral security in F and G name.

Accordingly, the defendant deceivings the victim as above and deceivings the victim, and 30 million won as the down payment for the real estate in this case on August 1, 201, 200 won as the down payment, 95 million won as the intermediate payment on the 20th of the same month, and 16.9.9.

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