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(영문) 인천지방법원 2016.08.18 2016고단2697
사기등
Text

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

Reasons

Punishment of the crime

On November 28, 2014, the Defendant was sentenced to 6 months of imprisonment for fraud and 2 years of suspended execution in the Incheon District Court Branch Branch of the Incheon District Court on November 28, 2014, and the judgment became final and conclusive on May 21, 2015.

"2016 Highest 2697"

1. On July 201, 201, the Defendant: (a) committed fraud; (b) the Defendant, without any money, thought that he/she would obtain profits by selling the land from the victim’s security on credit using the security provided by the victim C; and (c) even if the profit structure was established in advance as to the land (1,256 square meters) located in the Sinsan City from the damaged person in an unsound state, he/she did not have the intent to pay the said land price within three months, and did not have the ability to acquire the ownership.

However, on July 201, 201, at the Bupyeong-gu Incheon E’s office located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, which was operated by the victim C, the victim made a false statement stating that “The victim shall pay KRW 160 million to the land price within three months and transfer the land to the land, by establishing a collateral security on the land so that he/she can purchase and sell the land by obtaining who is from the president of the Nungung-gu factory.”

On August 8, 2011, the Defendant had the victim set up a right to collateral security with G, creditors H, and maximum amount of KRW 200 million on the above land, and revised and supplemented part of the facts charged without following the amendment to the indictment to the extent that it is deemed that there is no risk that the Defendant would have any substantial disadvantage to the Defendant’s exercise of his/her right to defense as much as the amount of KRW 17 million from Nurung Factory.

After the supply of Nurungsung's land, due to the failure to pay the price, it acquired financial benefits equivalent to the maximum amount of the claim for collateral security.

[No money invested by the Defendant for the purchase of land located in Asan-si D (1,256 square meters, hereinafter “instant land”) or for Nurung project (132, 133 pages, 12 pages 8 of investigation records). The Defendant first entered into the Republic of Korea, sold a total of at least KRW 17 million to Nurung, and sells a total of at least KRW 8 million (12 pages 9 of investigation records).

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