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(영문) 의정부지방법원 고양지원 2019.11.21 2019고단112
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On February 14, 2019, the Defendant was sentenced to a suspended sentence of two years for the crime of occupational embezzlement at the Jung-gu District Court, which became final and conclusive on July 4, 2019.

【Criminal Facts】

On May 2017, the Defendant entered into a sales contract (hereinafter “instant sales contract”) that sells approximately KRW 1750,000 to the victim KRW 122,50,000 (hereinafter “instant land”) at a restaurant operated by D, the words “B victim C,” which the Defendant planned to purchase, for approximately KRW 7,50,00,000, which is part of approximately KRW 7,50,000.

However, around January 10, 2017, the Defendant entered into a contract with F to purchase the instant land from G with a view to KRW 420 million, and then 300 million out of the absence of any specific property, the Defendant was given answer that it was impossible to grant a loan from H, but the Defendant was given answer that it was not possible to grant a loan from H.

Therefore, the Defendant sold KRW 1750, which is a part of the instant land to the victim, and thought to be appropriated as part of the said purchase price of KRW 420,00,000,00 for the said purchase price. Some of the instant land, including the victim’s share, was established with respect to the entire land of the instant case with the association as a collateral right with the amount of KRW 175,00,000,000 as the maximum debt amount of KRW 228,80,000,000, and appropriated the loan to the association, and the remainder was planned to pay the purchase price for the land by setting up the mortgage with F and G as

Nevertheless, the Defendant, without notifying the victim and D of the establishment of the right to collateral security in the entire land of the instant case during the process of concluding the instant sales contract with the victim and D, told the victim to the effect that “The purchase of KRW 1,750,000,000,000, which is a part of the instant land, is KRW 122,50,000,000,000,000

The defendant deceivings the victim as such.

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