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(영문) 창원지방법원진주지원 2020.09.23 2020고단1077

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 20, 2011, the Defendant was sentenced to six months of imprisonment for a crime of fraud, etc. in the Changwon District Court¡¯s Chang Branch branch on December 11, 201, and the execution of the sentence was terminated. On February 13, 2014, the Changwon District Court sentenced four months of imprisonment for a crime of fraud, etc. on February 21, 2014, which became final and conclusive on February 21, 2014, and was sentenced to ten months of imprisonment for a crime of fraud, etc. at the Changwon District Court on April 9, 2014, and the judgment became final and conclusive on April 15, 2014.

Around March 23, 2013, the Defendant entered into a contract to purchase the victim’s real estate in the name of Jinju-si CV and CW from the victim CU to purchase the victim’s real estate in the name of Jinju-si, and the purchase price shall be KRW 175 million; the down payment shall be KRW 8 million at the time of the contract, intermediate payment 17 million, and the down payment shall be paid around April 12, 2013; KRW 115 million,00,000,000,000,000,000,000,000 won for the secured debt, which was created on the real estate of CV, was received by CX and paid around July 23, 2013; and the remainder shall be paid KRW 35 million,00,000,000,000,000,000 won, which is KRW 35,5,000,00.

On April 12, 2013, the Defendant transferred the ownership of the above CV real estate in the name of CX, and set up a collateral (right to collateral) such as the content of the agreement on the same day, but thereafter, it was necessary to pay money by means of the payment of interest on loans from financial institutions, with the intention to cancel the registration of establishment of the above CV real estate and

Around April 12, 2013, the Defendant concluded that, by telephone at a place not known to the Defendant at a place where it is false, the Defendant would receive more loans from the victim when it provides CY real estate as collateral to another financial institution. On the other hand, upon cancelling the right to collateral security, the Defendant provided CY real estate as collateral to the financial institution and paid the balance.

However, even if the above establishment registration was cancelled and the additional loan was received, the defendant only thought to be used for the repayment of his personal debt and paid the balance to the victim.