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(영문) 청주지방법원 2020.10.20 2020고단1239
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal power] On November 20, 2014, the Defendant was sentenced to 8 years of imprisonment for fraud, etc. at the Daejeon District Court, and the judgment was finalized on October 29, 2015, and on July 21, 2017, the judgment became final and conclusive on July 25, 2017.

[B] The Defendant is in a de facto marital relationship with B.

On May 201, the Defendant and B entered into a contract with B to exchange the operating right of “E hotel” owned by the Defendant with the Defendant’s management authority of “E hotel” located in Boncheon-gun G land and the building on its ground owned by the Defendant.

However, as the defendant and Eul could not transfer the ownership of the land and building located in Yangyang-gun as above, Eul filed an application for provisional seizure against the land owned by Yangyang-gun H, Gyeonggi-gun, and thereafter, the defendant and Eul issued to C a promissory note amounting to KRW 350 million for the purpose of transferring the ownership of the land and building located in Yangyang-gun and securing its implementation, subject to the cancellation of provisional seizure against the real estate located in Yangyang-gun, and the defendant and B issued a promissory note amounting to KRW 350 million.

Accordingly, C had cancelled the above provisional attachment, but the defendant and B did not transfer the ownership of the real estate located in the above Yangyang-gun, and the promissory note was not issued on November 5, 201, which eventually caused C to be subject to criminal complaint from November 5, 201.

【Criminal Facts】

On June 4, 2012, the Defendant, along with B, made a false statement to the effect that “I Licensed Real Estate Agent’s Office located in the Dong-gu Seoul Special Metropolitan City, would lease all of the E hotels in Boli-si, from June 15, 2012 to August 31, 2012, the Defendant would lease rent of KRW 65 million to the victim J.

However, as seen above, the Defendant was given the ownership of real estate located in the above Yangyang group under the condition that he received the above E hotel operating right from C, the owner of the above E hotel, but it was impossible to perform this.

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