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(영문) 수원지방법원 2017.05.10 2015고단2081
사기
Text

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

Reasons

Punishment of the crime

On November 20, 2014, the Defendant was sentenced to two years of suspension of the execution of imprisonment for fraud, etc. at the Suwon Fagwon, and the said judgment became final and conclusive on November 28, 2014.

On February 16, 2011, the Defendant would have the victim E purchase approximately KRW 9,917 square meters of the site F, G, H, and I (hereinafter referred to as “the site for the instant factory”) in the D office located in Ansan-si, Ansan-si, Ansan-si, the Defendant would have the victim E obtain permission for the use of the manufacturing site and neighboring life after the completion of the road until March 30, 2011.

Of the right to collateral security established against the said 4 parcels, the right to collateral security established by J is a person in charge of funding work by J, and the right to collateral security established by Seogu NA is a joint collateral for the entire development site, and thus, can be settled upon receipt of the sale price, and can be discharged by cancelling all the right to collateral security.

However, the Defendant did not intend to undergo a road completion inspection on March 30, 201 (the actual completion inspection of the road was conducted on January 5, 2012). Furthermore, in the situation that the Defendant’s debt that the Defendant had not repaid from J at that time reaches KRW 4.25 billion, the instant factory site was sold to the victim under the circumstances that the Defendant sold the same site to the victim, and there was no agreement on the cancellation of the lower right under the name of J as well as the said debt to be repaid.

In addition, under the condition that the Defendant borrowed the site of this plant from the Seocho Agricultural Cooperative as a senior mortgagee on the site of this plant from the Seocho Agricultural Cooperative as security is at least 1.2 billion won, and around November 201, 201, the Defendant offered 14 lots of land located in Cheongsung-si K, etc. (hereinafter “L land”) as security and borrowed the debt from the new Agricultural Cooperative from 1.1 billion won, the Defendant omitted the establishment of a collateral security right on 7 lots of land out of the waterway L, on the side of the said Seocho Agricultural Cooperative.

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