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(영문) 창원지방법원 마산지원 2017.04.28 2016고합74
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A shall be punished by imprisonment with prison labor for four years and by imprisonment for one year and six months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

1. Around March 15, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by deceiving Defendant A, by entering into a contract with the victim B to purchase KRW 9,000,00,000,000, which is to be owned by the victim, until April 15, 2015, the Defendant agreed to pay the purchase price and obtain the ownership of the present ownership. The Defendant was urged to repay KRW 900,00,000 borrowed from G prior to the said contract, and was willing to receive the ownership of the Mar. 15, 201 to repay it to G.

The Defendant, at the “I” office of the Victim’s Operation of the Victim’s Republic of Korea, was in the lower order on March 2015, 2015, the Defendant: (a) transferred the Plaintiff’s ownership and paid the balance to the Defendant; (b) once, the Defendant transferred the Plaintiff’s ownership and paid the balance to G by lending money that would be assigned to G as collateral.

“A false representation was made.”

However, in fact, under the demand for repayment by G, the Defendant received ownership from the damaged person and thought that he would repay to G as a substitute, and thus, he did not have any intention or ability to pay the balance to the injured person by borrowing money by offering it as security for transfer.

Ultimately, the Defendant, as seen above, obtained ownership of the 900 net (the market price equivalent to 576 million won) owned by the victim from the above victim on April 1, 2015, by deceiving the victim and taking over the ownership of the 90 million net (the market price is equivalent to 576 million won).

2. Defendant A violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) of the Defendants, as set forth in paragraph (1) of this Article, provided the victim G with the living lectures owned by Defendant A as a repayment of large property, and Defendant B entrusted by the victim and kept them in the warehouse of “I”.

Defendant

A, upon the demand of Defendant B to pay the balance, clarify that the payment of the balance has been made by the victim on behalf of the victim, and whether the victim owns it.

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