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(영문) 춘천지방법원 원주지원 2016.07.12 2016고단389

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 29, 2007, the Defendant was sentenced to two years of imprisonment with prison labor by the Cheongju District Court for a crime of false accusation, etc., and was released on March 30, 2009 and passed on June 6, 2009 during the execution of the sentence.

< The criminal facts>

1. On March 30, 2009, the criminal defendant, after being released on parole, proposed that the victim C have a defect in his/her business, and was living together with the victim from the above date and time.

The Defendant was aware of around February 2010 that the victim knew.

With respect to D and E’s obligation, although it was assumed that the said D et al. was faced with the situation where it would be due to the said F’s failure to repay its obligation, it was known that the said D et al. was faced with the situation where it would be due to the said F’s collection of obligation, the Defendant’s intent to establish a provisional registration in the name of G in the Defendant’s real estate owned by the said victim, and offered the victim’s proposal, and on April 1, 2010, the fact on April 1, 2010 did not relate to the obligation of the victim with the said G, the right to request the transfer of ownership was registered in the said G name as to “H land and building owned by the victim”.

On July 22, 2010, the Defendant reported the right to the said G name by pretending that the said victim had a claim of KRW 70 million to the said court around October 2010, by using the defects of compulsory application for auction (original supportJ) against the said real estate and the fact that registration has been completed under the said G name.

On December 26, 2011, the Defendant received dividends of the amount equivalent to KRW 70 million as the right holder of a provisional registration from the original state branch of the Chuncheon District Court.

2. The Defendant, on May 26, 2012, accepted the consent of the injured party by stating that “The Defendant would lend the fact that the victim is not in his/her possession to another person,” at L’s house located in K at Gangwon-si, Gangwon-do, Gangwon-do, and that “the Defendant would pay rent income.”