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(영문) 서울중앙지방법원 2017.08.09 2016고단6425
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Punishment of the crime

[Basic Facts] On June 9, 2010, the Defendant purchased 13,615 square meters of land G ( currently divided into G, H, I, J, K, and L) in an amount equivalent to KRW 520,00,000,000, and registered ownership transfer on August 9, 2010, the Defendant: (a) around that time, borrowed 300,000,000 won from Pyeongtaek-gun Agricultural Cooperatives; (b) KRW 50,00,000 from M; and (c) around that time, in order to secure this, the Defendant set up a collateral security on the said land to secure the above amount of KRW 90,00,00,000 from N; (d) the debtor, the debtor, the maximum amount of the claim amount of KRW 420,00,000,000; and (e) the creditor; and (e) the debtor; and (e) the creditor; and (e) the creditor; and (e) the debtor.

The former is divided into H as of September 7, 2010 the G land of 13,615 square meters, which is part of the said G land, and the remaining G land of 4,728 square meters around November 8, 2010 is divided into the current J, and the remaining G land of 1,322 square meters is divided into the current I,230 square meters into the current J, and the remaining G land of 3,176 square meters into G 60 square meters and K 2,516 square meters as of May 25, 201, respectively. K 2,516 square meters into the current K60 square meters and L 1,856 square meters as of July 28, 2011.

Meanwhile, around September 20, 2010, the Defendant: (a) specified the part of KRW 6,600,00 in size as KRW 150,00,00,000 among the above H8,887 square meters; (b) concluded a sales contract with the victim’s wife P to cancel the joint ownership of the land (the previous family agricultural cooperative and M&N’s joint collateral security transfer to a joint collateral security through division of land) and completed the registration of ownership transfer; and (c) received the full amount of KRW 150,00,000 from the victim’sO and P around that time; (d) the Defendant did not cancel the said collateral security as agreed; and (e) the victim’sO purchased as a site for electric source housing and the victim’s intent could not obtain a building permit for electric source housing unlike the victim’s P; and (e) thus, (e) the victim’sO and the victim’s P may be rescinded the sales contract.

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