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(영문) 수원지방법원 성남지원 2016.01.08 2015고단438

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Experience] On July 25, 2014, the Defendant was sentenced to a suspended sentence of two years for six months in the Seoul Eastern District Court for fraud, etc.

8.2 The above judgment was finalized.

[Criminal facts] The Defendant is the owner of Seocho-gu Seoul Metropolitan Government D Apartment 102 Dong 1002.

On May 11, 2013, the Defendant: (a) taken a measure to withdraw an auction procedure being conducted by a personal savings bank upon request from the person who was the mortgagee at the time with respect to the above apartment on May 11, 2013; and (b) taken a provisional attachment and provisional attachment except for the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, and the right to lease on a deposit basis; (c) completed the registration of ownership transfer three months after the expiration of the period; (d) while the purchase price is KRW 80 million, the Defendant purchased the obligation under the pretext of an intermediate payment in total of KRW 350,000,000,000 for the principal of the loan of the right to collateral security in Seongbuk-gu Savings Bank; and (d) paid KRW 12,200,000,000 won for the remainder of the purchase price; and (e) returned to the Defendant at the time of the registration of ownership transfer.

The contract was concluded for the sale of real estate with the victim who believed that it was false.

However, the defendant did not have any specific occupation or income at the time, and did not pay interest to the Savings Bank (the State) of senior mortgagee only once, and even after three months have passed since the provisional seizure creditor, G was ordered to withdraw the auction procedure for the above apartment, even if he was paid the purchase price for the above apartment from the injured party due to the unpaid situation of 350 million won of the deposit for the lease on a deposit basis with respect to G, who was a person with a right to lease on a deposit basis, and who was a person with a right to lease on a deposit basis.