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(영문) 인천지방법원 2019.10.29 2019고합276
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On September 9, 2009, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Incheon District Court, which became final and conclusive on December 8, 2009.

On March 5, 2006, the Defendant agreed to conduct a business of newly constructing and selling multi-family houses on the instant land (hereinafter “instant land”) with C, the owner of the instant land, on a 17 parcel of land with a size of 8,933 square meters, including a total area of B 445 square meters, (hereinafter “instant land”), and then C, to report the instant land as the owner of the instant multi-family house to be newly built in the future. Specifically, the Defendant did not have to pay C the purchase price of KRW 2,50,000,000 to the owner of the instant land as collateral, and provided the instant land as collateral and received a loan. From around April 5, 2007, the Defendant actually paid part of the instant land with KRW 80,000,000 to the mortgagee of the instant land under the name of Do, E, the debtor, the maximum debt amount of KRW 2,08,000,000,000 to the seller of the instant land, and set the instant construction contract as collateral.

On February 13, 2009, the Defendant entered into a contract for the construction of a multi-family house with G Co., Ltd. and construction cost of KRW 8,217,800,000 with respect to the instant land, under the circumstance that the Defendant had no property and the borrowed money has already been consumed and is practically incapable of normally promoting the instant project, and only he borrowed only the name of the constructor.

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