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(영문) 서울중앙지방법원 2014.07.16 2013고단7879

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

Around May 13, 2009, the Defendant and the victim D entered into an exchange contract with the following terms: (a) around 13, 2009: (b) around the following day: (c) around the following day, at the G company office of the F branch office of the real estate broker in Seocho-gu Seoul Metropolitan Government, the 117th floor of the JA building in an interesting city of the net value equivalent to KRW 30 million owned by the Defendant and the victim D; (d) the victim shall additionally pay the difference of KRW 70,000,000 to the Defendant; and (e) the Defendant shall cancel provisional seizure (the claim amount of KRW 1875,50,000) established in the Iel; and (e) the Defendant received KRW 20 million from the victim on the same day; (e) May 21, 2013, KRW 70,000,000.

After that, the defendant received a request from the victim to substitute for other real estate as he did not cancel the provisional seizure established in the above Iel, and on July 15, 2009, the defendant, through M and N, requested the victim to cancel the provisional seizure of the above Iel, "The defendant will cancel the 3 cases of provisional seizure (the total bond amount of 534,417,808 won) set out in the ground of the above Phodong-gun, Young-gun, by changing the above J building commercial building building building building into the land of the part of the city in which the victim owned by the defendant, and by changing it into the land of the city in which it is located, the defendant will transfer the O, P, Q, and the real estate located in the city in which it is located."

However, at the time, the Defendant had a debt amounting to KRW 60 million, and there was no intention or ability to cancel three provisional seizures established in the O, P, and Q real estate in the Gangseo-gun of Gangwon-gu, the Defendant was also unable to register the ownership transfer under the name of the Defendant because the Plaintiff could not register the ownership transfer under the name of the Defendant because he did not have an intention or ability to transfer the ownership normally to the Defendant.

In this respect, the defendant, by deceiving the victim, acquired the pecuniary benefits equivalent to 70 million won and land at the time of leisure.

Summary of Evidence

1. Each legal statement of witness D, M, N, and F;

1. Defendant, F, and N.