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(영문) 수원지방법원 성남지원 2014.07.17 2014고단455
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On December 5, 2008, the Defendant was sentenced to a suspended sentence of two years for fraud at the Sungwon District Court's Seongbuk Branch's Sung-nam Branch's imprisonment with prison labor for eight months and the judgment became final and conclusive on the 12th of the same month

The Defendant, around November 2006, at the office of "C" located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul, held the victim's “C” and the site thereof, and sold to the victim D for KRW 600 million, but the amount of KRW 100 million shall be paid in cash, and the remainder of KRW 500 million shall be replaced by succeeding to the secured amount of joint mortgage of the amount of KRW 600,000,000,000,000,000,000 from the Water Resources Corporation on May 30, 2007, the amount of compensation equivalent to KRW 1,00,000,000,000,000,0000, would be the amount of KRW 200,000,000,000,000.

After that, on January 23, 2007, the Defendant prepared a statement of performance to the effect that, in the event that the victim pays KRW 100 million to the victim at the same place, the Defendant would transfer the name of the above telecom, etc., and would be punished in the event of nonperformance.

However, in fact, the above telecom site had already been excluded from the target of purchase by the Han River basin Environmental Office in 2006 and was not paid compensation. On September 7, 2005, the Defendant concluded a sales contract for the above telecom site with E and decided to succeed KRW 500 million to the secured debt amount of the right to collateral security, but did not complete the registration of ownership transfer for more than one year and six months due to delinquency in payment of interest on the loan. The Defendant was working as a broker assistant who did not have a fixed income, and the Defendant was making an unreasonable investment in real estate as above, and separately was liable for a debt equivalent to KRW 60 million.

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