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(영문) 대구지방법원 2014.04.24 2014고단1495
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who actually operates C (hereinafter referred to as “C”) for the purpose of food, miscellaneous wholesale and retail business.

1. The Defendant, against the victim D, was in need of a real estate worth setting up a collateral in E in order to be supplied with her credit from Co., Ltd. (hereinafter “E”), and was willing to set up a collateral in relation to E in the status of concluding a sales contract for another person’s real estate and paying the down payment.

On November 2012, 2012, the Defendant: (a) requested F to purchase real estate to be offered as security to E; (b) to the effect that “I would purchase real estate to be offered as security; (c) would first pay a down payment; and (d) would request F to find a person eligible to enter into a sales contract on the condition of payment of intermediate payment and remainder; and (c) would request F to find a person who wishes to sell real estate under the said condition from G engaged in the business of arranging real estate known to the general public; and (d) around that time, the Defendant became aware of the victim D who consented to the conclusion of the sales contract under the said condition as above.

On November 7, 2012, the Defendant: (a) at a law firm I office located in Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu; (b) at the time of concluding a sales contract in advance; (c) and (d) sought explanation on the terms of intermediate payment and remainder payment; and (d) “In the event of concluding a contract with respect to real estate located in Seo-gu, Seo-gu, Seo-gu, Chungcheongnam-gu; (c) an intermediate payment of KRW 10 million shall be paid on December 7, 2012; and (d) an intermediate payment of KRW 50 million shall be paid on January 7, 2013; and (e) if a sales contract is concluded on the terms of setting a maximum claim amount of KRW 190 million prior to the payment of intermediate payment and remainder, the Defendant would normally pay the intermediate payment and remainder on the agreed date; and (e) would guarantee the performance of the contract.

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