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(영문) 서울남부지방법원 2016.06.10 2015고단2102
사기등
Text

1. One year of imprisonment with prison labor for the crimes of "2015 Godan 2102" and "20 Godan 4452" in the judgment of Defendant A.

Reasons

Punishment of the crime

[criminal record] On April 8, 201, Defendant A was sentenced to a two-year suspended sentence of imprisonment for fraud at the Ulsan District Court on June 201, and the said judgment became final and conclusive on July 9, 201. On July 24, 2015, Defendant A was sentenced to imprisonment with prison labor at the Seoul Southern District Court for one year and ten months for fraud, etc. and the said judgment became final and conclusive on September 17, 2015.

[2] On February 13, 2009, the Defendant: (a) concluded a sales contract on the Plaintiff’s land at the F office of the F office of the Defendant’s management company of the 6th floor of the 6th floor of the building in Daegu-gu, Daegu-gu, Seoul-gu (hereinafter “Seoul-gu”); (b) received KRW 123,480,000 from the victim until February 16, 2009 for the purchase price from the victim until February 16, 2009.

However, the Defendant did not own the above land and did not have any ability or intent to transfer the ownership of the above land even if he received the purchase price from the injured party.

Nevertheless, the defendant was delivered KRW 123,480,00 from the victim by deceiving the victim as above.

“The Defendant would make a registration of ownership transfer at the time of the payment of the balance to the victim M through L, a real estate employee of the said K, at the time of early March 201, 201, who purchased approximately KRW 100 square meters of the N in Nam-gu, Nam-gu, J through J, and at the time of the payment of the balance, the Defendant would make a registration of ownership transfer.

If so, it is possible to make another person make a substantial profit by selling and buying.

“.....”

However, at the time, there were approximately KRW 80 million debt of J, approximately KRW 300,00,000, and KRW 300,000,000 of personal debt of Defendant was not paid to employees of the above K real estate. Accordingly, even if the purchase price of the land was paid from the injured party, it was intended to use the land as the company's operating fund, and there was no intention or ability to complete the registration of transfer of ownership of the N

The defendant deceivings the victim as above, and is the land price from the victim.

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