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(영문) 전주지방법원 2013.09.05 2013고합56

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

Around November 8, 2012, the Defendant: (a) at the D Licensed Real Estate Agent Office located in Yeongsan-gu, Jeonju-si; (b) purchased KRW 700,000,000 from the victim E (hereinafter “the instant real estate”). At the D Licensed Real Estate Agent Office, the Defendant had cash of KRW 140,000,000,000 from the purchase price of the instant real estate, which was paid first on November 7, 2012; (c) paid KRW 12,00,000,000 as the down payment; (d) paid KRW 57,000,000,000,000 from the acquisition of the instant real estate on November 12, 2012, without any mold, after obtaining the registration of the instant real estate; and (d) paid the remainder of the real estate after obtaining the registration of the said real estate as collateral; and (e) has already been provided for rent for the instant real estate by means of a false loan and loan.

However, at the time, the Defendant did not have any particular revenue and property, and did not hold KRW 140 million, and at all, 100 million paid to the victim as down payment was to temporarily borrow money from G at the time when the Defendant temporarily used and repaid it. Even if the Defendant received the registration of the instant real estate from the victim, he/she would have borrowed KRW 315 million as collateral and would pay KRW 100 million out of it as debt repayment to the said G as a personal usage. Accordingly, he/she thought that he/she would use the said loan for the personal purpose. Accordingly, he/she did not have any intent or ability to pay the said loan to the victim as the purchase price of the instant real estate, and did not prepare for the leased person.

Nevertheless, the Defendant deceivings the victim as above, entered into a contract with the victim with the said content, and then, on November 28, 2012, the Seojin-gu Seoul District Court of Jeonjin-gu 1416-1, thereby raising an objection equivalent to KRW 700 million.