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(영문) 수원지방법원 여주지원 2017.12.15 2017고단459
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 8, 2015, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution, and the judgment became final and conclusive on August 17, 2016.

The defendant is the representative director of the D Co., Ltd. who creates and sells a housing complex on behalf of others.

On March 10, 2013, the Defendant sold to the victim F the land of KRW 355 square meters in total of KRW 279 square meters G 279 square meters and H 77 square meters in the site of the electric source housing complex E located in Innju-si on March 10, 2013.

The ownership will cancel the right to collateral security and provisional registration for his previous offense immediately upon the receipt of any balance.

“Preparation of a real estate transaction contract with the intent of “a false statement” was made.

However, the above land is owned by I and completed the registration of transfer of ownership after paying the purchase price to the landowner and cancelling the registration of establishment of the right to collateral security, but at the time, even if the real estate sale business of the above company operated by the defendant is insufficient and economic circumstances are not adequate to the extent that the cost of construction of the housing site is not paid to the injured party, there was no intention or ability to cancel the right to collateral security established on the above land and to make the registration of

As above, the Defendant, as a down payment on March 25, 2013, received a total of KRW 14.4 million from the injured party to the Agricultural Cooperative (K) account in the name of Korea Bank (J) under the name of D Co., Ltd. as the down payment on March 25, 2013, KRW 32.6 million in the same account as the intermediate payment on April 10, 2013, and KRW 72 million in the name of D Co., Ltd. under the remaining name of D Co., Ltd. on April 20, 2015.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A complaint, a real estate transaction contract, an inquiry about the details of transactions (the down payment, intermediate payment, remainder payment), and details of transactions (the partial return);

1. Each statement made to F and I;

1. Written inquiry about criminal history, etc.;

1. Investigation reports (reports attached to the said decisions and records), written judgments, and each of them; and

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