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(영문) 수원지방법원 안산지원 2017.06.09 2016고단4422

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 1, 2015, the Defendant was sentenced to the suspension of the execution of six months of imprisonment for fraud in the support of the Sugwon of Sugwon, and on May 28, 2016, the above judgment became final and conclusive on May 28, 2016.

On December 2, 2015, the Defendant, at a law firm E office located in Ansan-si, Seoul Metropolitan Government on December 2, 2015, shows to the victim F a full certificate of the matters to be registered by the members G and H in Ansan-si, and intends to establish a convalescent hospital on the above land.

Although voluntary auction has been withdrawn, the registration of transfer of ownership can be made in the name of the land owner in the name of the land owner on condition that the right to collateral security is repaid three times the G land and the right to collateral security is cancelled.

At the same time as transfer of ownership, financial institutions made a PF loan at financial institutions, which can pay KRW 150,000 to KRW 100,000 within three months, such as repayment of debts, cost of transfer of ownership, etc.

If the payment is not made within three months, the victim made a false statement to the effect that he/she would make a provisional registration of the right to demand the transfer of ownership in the name of the victim.

However, the Defendant did not intend to register the transfer of ownership in the name of the landowner and the above land in the name of the Defendant or to obtain a loan from a financial institution. Even if the Defendant borrowed money from the injured party, he was willing to use the land as repayment of the collateral security obligation or the cost of transfer of ownership, and did not have any intent or ability to repay the money within three months without any particular property.

Around December 3, 2015, the Defendant deceivings the victim as above and was transferred KRW 100 million to the new bank account of the Defendant, Inc. I, a corporation that actually operated by the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness F, the witness J, K and L's partial legal statement;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against M;

1. A written confirmation, a fair deed, an agreement, and a remittance statement;

1. A certified copy of land registry;