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(영문) 인천지방법원 2015.12.10 2015고단3598
사기
Text

The defendant shall be punished by imprisonment with prison labor for one year and eight months, and imprisonment with prison labor for the second crime as stated in the judgment.

Reasons

Punishment of the crime

On January 9, 2008, the Defendant was sentenced to a suspended sentence of one year and six months for fraud at the Incheon District Court, and the judgment was finalized on July 29, 2008. On February 13, 2015, the Defendant was sentenced to a suspended sentence of one year for the same crime and was sentenced to a suspended sentence of one year for the same crime on May 28, 2015.

"2015 Highest 3598"

1. The Defendant is the actual operator of the Z, who is the implementer and the owner of the new construction of the Z, and the O is the contractor who performs the new construction of the Z in the name of the State, as the representative director of the AB.

The defendant and theO acquired a house in Gwanak-gu in Seoul Special Metropolitan City, AD owned by the victim from the victim AC to appropriate the loan for the payment of the construction cost while the construction work was being implemented.

On July 23, 2009, the Defendant was issued a provisional disposition prohibiting the change of the name of the owner at the Incheon District Court, and on June 10, 201, the judgment was finalized on August 31, 201, with the same court rendered that the procedures for the change of the name of the owner shall be implemented to AE, a stock company, and the above judgment became final and conclusive on August 31, 2011. Therefore, even if the Defendant provided the victim as security, the victim did not have any intent or ability to cause the change of the name of the owner, and theO did not have any intent or ability to settle the payment even if

Nevertheless, around December 201, at the site of the new construction of the “AA Hospital” located in H at the original city, the Defendant and theO sold the Plaintiff’s housing in the housing site, “The cost of sale and purchase will be paid in the current account and in bills, and the documents that can change the name of the owner of the building in the hospital as security for the current account and bills.” On December 6, 201, the Defendant and theO would sell the said real estate owned by the victim, which is the victim around December 6, 2011.

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