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(영문) 창원지방법원 통영지원 2016.12.19 2014고단1177
사기등
Text

1. Defendant A shall be punished by imprisonment with prison labor for a period of two years and six months;

2. Defendant B shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Justice] On August 29, 2014, Defendant A was sentenced to a suspended sentence of two years for an offense of breach of trust in the territory of the Changwon District Court on the following grounds: (a) on September 6, 2014, Defendant A was sentenced to a suspended sentence of two years; and (b) on July 1, 2016, Defendant B was sentenced to a suspended sentence of two years for an offense of fraud, etc. in the territory of the Changwon District Court; and (c) on July 9, 2016, the said judgment became final and conclusive.

Around June 8, 2011, Defendant A made a telephone call to the victim E with respect to the right to lease on a deposit basis with respect to D Building 304 at Gyeongnam-si, Seoul Special Metropolitan City on June 8, 201, and the Defendant returned KRW 70 million prior to the end of July 2012, 201. The Defendant falsely stated that “A would receive a loan from the Suwon Building 304 as collateral and pay the loan.”

However, if the registration of the establishment of chonsegwon was cancelled, the defendant was thought to complete the registration of the establishment of a right to lease on a deposit basis to the personal creditor F, and even if the victim cancels the registration of the establishment of a right to lease on a deposit basis, the defendant did not have the intent and ability to return the deposit to the victim.

Around July 2012, the Defendant, by deceiving the victim as such, had the victim cancel the registration of chonsegwon established in the name of husband G of the victim as set forth in the above D Building 304, which is owned by the Defendant, and acquired pecuniary benefits equivalent to KRW 70 million.

"2016 Highest 150"- Defendant A

1. The Defendant, from around 2011 to around 201, was a person who had engaged in a construction business with the trade name “I” at H in Gyeongnam-si.

On January 2012, the Defendant completed the construction work and completed the construction work on the ground of the said J from L, which is the land owner of the said J, with the completion of the said construction work, and would have the said L be responsible for the housing and sold in lots, and would have the said L be paid KRW 270 million with the purchase price. As such, the Defendant completed three housing units on the land of 144, if the said KRW 270 million is the construction cost again to be paid, and completed the said construction work and sold in lots.

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