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(영문) 서울중앙지방법원 2016.04.07 2015고단4608
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[B] On August 26, 2010, the Defendant was sentenced to six months of imprisonment for embezzlement at the Seoul Central District Court, and completed the enforcement of the said sentence on February 26, 2011.

[2] On August 26, 201, the Defendant, at the “E” office located in the Gangnam-gu Seoul Metropolitan Government D Building on August 26, 201, owned a forest of Hongcheon-gun G in Gangwon-do and planned to be developed, may be punished by a few times the purchase price within two to three years.

If only the balance is paid, the registration of transfer of ownership will be made immediately.

“In the end, in return for the promise of the victim to trade half of the above forests and fields together with the victim, 7 million won is remitted from the damaged person for the same day as the down payment, and

8. 27. The actual price is KRW 110,000,000,000; on the written contract, a written contract was prepared to indicate the price as KRW 140,000,000, and the purchase price was paid in full from the injured party until November 8, 2011.

However, at the time of July 201, the Defendant: (a) had no record of sale in the operation of a planning-based partnership company; (b) had no record of sale; (c) had 30 million employees’ wage of KRW 60 million per month; (d) had not been paid KRW 60 million per month; and (e) had not been paid KRW 100 million per month; (c) had no funds to purchase the said forest; (d) had purchased the said forest with KRW 120 million from H; and (e) had been paid for the purchase of the said forest with KRW 120 million in the said forest with no funds to purchase the forest; and (e) had not been paid for the purchase of the said forest with KRW 110 million in the said forest with no funds to purchase the forest; (e) had purchased the said forest with money from the victim; and (e) concluded a sales contract with hiding the fact that the mortgage was established as a security; and (e) had been used as the purchase price for the employees’ wage, office rent, real estate rent, acquisition tax, and brokerage.

Ultimately, the Defendant has no limitation on the right to collateral security, etc. when purchasing the forest.

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