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(영문) 서울서부지방법원 2012.08.10 2012고단20

사기

Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 1, 2009, the Defendant was sentenced to one year and six months of imprisonment for fraud and embezzlement at the Seoul Central District Court on May 17, 2010 and completed the execution of the sentence at Seongdong-gu District Court on May 17, 2010.

1. Crimes against victims E;

A. On October 11, 2010, the Defendant told the victim E to the effect that “The Defendant purchased 20 U.S. H. H. Hayang-si H. H. Hayang-si, and would transfer the registration of transfer of ownership on the condition that the Defendant succeeded to the loans to 20 U.S. Y among the above officetels,” respectively.

However, in the situation where the ownership relationship and the relationship of rights are complicatedly connected, the defendant was only delegated the right to sell an officetel to the actual owner of the officetel and actually purchased and owned it. In fact, there is no way to procure the purchase price in addition to the loan of an officetel as collateral because there is no particular property or profit-making, and there is no intention or ability to transfer the registration of ownership to the two debentures of the relevant officetel even if it is received KRW 20 million from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received 20 million won from the account under the name of the victim’s wife to the post office account in the name of the Defendant from the victim in the name of the victim’s wife on the same day.

B. On December 6, 2010, the Defendant had no down payment to purchase Ma apartment 11 bonds sold from the L (L) located in Ansan-gu, Ansan-si, Ansan-si. Thus, the Defendant may sell it to the high price and make profits from the sale of it in lots at the lower price or in other places.

Thus, it was 2.2. prior to the end of this month, if it did not transfer the registration of ownership transfer for the Htel 2 debentures contracted by the end of this month after clean reorganization of the legal relationship.