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(영문) 서울중앙지방법원 2017.08.24 2016고단2313

사기

Text

Defendant

A Imprisonment with prison labor for a year and two months, for a year of imprisonment for a defendant B, and for a year of imprisonment for a defendant C, respectively.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A, when the above apartment was reconstructed among the owners of I 8 Dong 1001, he concluded a rebuilding supply contract with J apartment 202 Dong 607, which is an apartment reconstruction, and sold the share in the land of the above reconstruction apartment and the right to sell it to the bonds company while he paid down the down payment and the intermediate payment, and Defendant B and C again used the above J apartment 202 Dong 607 as collateral and used money by taking advantage of the state in which the above reconstruction apartment was not completed and registered.

As a result, the defendant A had accepted it and sold it, and he had the intention to acquire money by acquiring money as security for the right to sell the reconstruction apartment.

Defendant

A, B, and C conspired to the effect that on April 6, 2015, at the law firm LO office operated by the 6th floor above the 6th floor of the building in Seongbuk-gu, Seongbuk-gu, Sungnam-si, Seoul, the victim H prepared a loan agreement and a real estate transaction agreement to the effect that "I apartment 8,000, J apartment 202, and 607, which is the reconstruction apartment of 100,000,000 won, are to be repaid within two weeks if I had the right to sell the above apartment 2,20,000 won as collateral, and if he fails to pay, he/she will sell the above right to sell the above I apartment 8,00,000 won."

However, on March 6, 2015, Defendant A sold the sale right under the above J Apartment 202 Dong 607 to M with KRW 31,40,00 million, and on April 2, 2015, Defendant A revised the term “as of March 2, 2015” to “as of April 2, 2015,” without any amendment to the indictment, to the extent that it does not disadvantage the Defendants’ exercise of their right to defense.”

Defendant

A, B, and C had been aware that no ownership of the above A was created by the nominal and non-registered bond business entity with the above 202 607 dong 607, and the contract was already concluded for the sale of money to M, and thus, the victim was again unable to borrow money.