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(영문) 인천지방법원 2014.04.17 2013고단7736
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who was sentenced to imprisonment with prison labor at the Incheon District Court on Nov. 29, 2007 and completed the execution of the sentence in the Incheon Detention House on Apr. 25, 2008.

【Criminal Facts】

The Defendant, around July 2009, had two lots of land in the victim E at the (ju) D office in the operation of the Defendant, located in the Nam-gu Incheon Metropolitan City, Incheon Metropolitan City, where “C building” 301 square meters (hereinafter “instant real estate”) were located in the F, G, the preceding 2,761 square meters (hereinafter “instant real estate”), and purchased it and purchased it and jointly operated the joint business.

The purchase price of the above land is KRW 430 million. The defendant invested KRW 230 million, the victim invested KRW 200 million, and half of the share registration in the name of H (the defendant's children) and the victim's name are divided into four row houses on the ground and half of the future profits.

The aggregate construction license for the defendant's possession of the defendant, and the victim's defect is to perform the interior construction work.

“........”

However, the Defendant, who was delegated to sell the instant real estate from J and I, the owner of the instant real estate, shall be KRW 30 million, and KRW 200 million out of the purchase price, shall take over the obligation on which the right to collateral security was established for the instant real estate, and entered into a sales contract on the condition that a sum of KRW 135 million, including down payment of KRW 15 million, intermediate payment of KRW 35 million, remainder payment of KRW 80 million, and KRW 80 million, and did not purchase the instant real estate at KRW 430 million. The Defendant did not have any capacity to pay interest on the obligation to purchase and acquire the instant real estate, and thus, was unable to acquire the instant real estate and carry out a project on the instant land with the victim and the instant real estate.

Nevertheless, as above, the Defendant made a false statement on the actual purchase price to the victim, and further made details of the security established on the instant real estate.

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