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(영문) 부산지방법원 동부지원 2015.05.13 2014고단2158

사기

Text

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

Reasons

Punishment of the crime

On June 2013, the Defendant stated that “The victim D and E, the owner of the above apartment, sold the apartment as collateral and paid KRW 260 million out of the purchase price, and the remainder of KRW 100 million will be repaid until September 30, 2013, the Busan Shipping Daegu apartment Co., Ltd., 101 and 702, which was the owner of the above apartment.”

However, at the time, there was a debt equivalent to KRW 100 million against the defendant at the time, and the debt was overdue and bad credit. Meanwhile, the above FMM also was at the risk of selling at auction because it was set up a security equivalent to KRW 100,000 of the maximum debt amount equivalent to KRW 97,000,000,000, which had already been held over the market price at the time of this case (the decision to commence voluntary auction on January 14, 2014). Furthermore, on December 17, 2012, the provisional attachment on the debt amount of KRW 62,00,000 against the creditor G was made, and the additional attachment on the above FM was sufficiently anticipated due to reasons such as tax delinquency, etc., so it is not reasonable to dispose of the above FMM and prepare the balance of KRW 100,000,000,000,000,000,000,000 won, and there was no additional loan from the defendant.

Nevertheless, on June 20, 2013, the defendant deceivingd the victim and acquired the ownership of the apartment building in the name of the defendant H on June 20, 2013 from the victim department.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D and E’s respective legal statements.