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(영문) 수원지방법원 2013.08.22 2013고단722
사기
Text

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

Reasons

Punishment of the crime

1. The criminal defendant against the victim E was actually operating the company G, which is located in the F Building No. 303 in Ansan-si, Ansan-si.

On March 8, 2011, the Defendant made a false statement to the victim of the victim E (the 56-year-old) in the I office operated by the victim E (the 56-year-old) on the 3rd floor of the H building in Ansan-si, Ansan-si, the Defendant purchased the 1.8 billion won purchase of the business rights, such as the right to permit collective housing for five parcels of land acquired by G from the company G, and the company awarded the contract as of December 6, 2010 is unable to pay the balance, and the bank loan is also not available, and the re-auction is made clearly because the business rights are limited. Upon receipt of the business rights, the acquisition of the business rights would result in the final profit of KRW 4 billion.

However, in fact, the above real estate was awarded through the tri-party construction on December 6, 2010, and the re-auction was not certain or may transfer the business rights because the amount of KRW 100 million had already been paid by the broker K and L with respect to the transfer of the business rights. On February 18, 2011, the decision of the provisional disposition against transfer of the name of the building permit was issued against G Co., Ltd., and the ownership transfer was made in the name of the tri-party construction on May 27, 201. Even if the victim received the price for the transfer of the business rights to the above real estate, the victim did not have the intent or ability to receive the said real estate as the re-auction or transfer the business rights of G Co., Ltd.

The Defendant deceptioned the victim as above, and then, around March 10, 201, the Defendant paid KRW 80 million to the said M as a substitute payment for KRW 80,000,000 to the said M as the acquisition of the said business right by M on October 19, 201 by transfer of the said business right by M on or around October 19, 201. On or around March 12, 2011, the Defendant received delivery of KRW 30,000,000 from the Defendant’s ancillary bank account in the name of N, and KRW 170,000,000 from the said N around March 16, 201.

B. On March 25, 2011, the Defendant received a claim from the victim regarding the fact that there was a decision to transfer or temporarily dispose of the name of construction permit G in the above office.

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