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(영문) 전주지방법원 2017.04.14 2016고합115
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Imprisonment with prison labor for a crime of No. 1 and No. 2 in the judgment of the defendant, and for a crime of No. 3 in the judgment of the defendant, each one year shall be punished.

(b).

Reasons

Punishment of the crime

[criminal history] On December 15, 201, the Defendant was sentenced to a suspended sentence of ten months for the crime of breach of trust in the Jeonju District Court’s Eup branch of Eup branch of the Jeonju District Court on December 15, 201, and the above judgment was finalized on December 23, 201, and on December 20, 201, the previous Jeju District Court sentenced two years of a suspended sentence to imprisonment for a crime of fraud at the Jeonju District Court on December 20, 201, and the above judgment was finalized on December 28, 201

[Criminal facts]

1. Around May 3, 2010, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim E by entering into a contract to purchase KRW 970,00,000 for the purchase price under the name of the trustee in the name of J, K, L, and M with the name of 4,711 square meters of I forest land (hereinafter “I land”) located in the Bananan-gun, Northan-gun, the victim’s former Banan-gun Office located in the Ganan-gun, the former Banan-gun, the Gan-gun, including the victim’s shares in the victim E and his mother H, and then to pay KRW 170,00,000 in the remainder after receiving the payment for down payment and intermediate payment and KRW 300,000,000,000 in the financial obligation set out in the said I land and received the transfer of ownership from the trustee in the name of the said I.

However, the Defendant did not intend to perform the obligation to pay KRW 500,000,000 for the remainder of KRW 170,000 and the obligation to N during the due date, and the Defendant received a loan equivalent to KRW 700,000,000 from the above I land as security, and paid KRW 300,000,000 for the financial right obligation established on the above land, and paid the remainder of KRW 400,000,00 for the real estate development business.

As above, the Defendant: (a) by deceiving the victim; (b) obtained the ownership of the said I’s land from the injured party; and (c) paid only KRW 300,00,000,000, the Defendant acquired pecuniary profits equivalent to KRW 670,000 in the difference in the purchase price.

2. On January 19, 201, the Defendant’s fraud against the victim E applied for the payment of the purchase price for the said I land from the Jeonju District Court’s Eup support on January 19, 201.

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