beta
(영문) 수원지방법원 여주지원 2018.01.24 2017고단1079

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 24, 2014, the Defendant purchased the pertinent land at KRW 100 million from the “C Certified Judicial Scriveners Office” office located in Gyeonggi-si B on July 10, 2014, for KRW 4,935 square meters, which is owned by the Defendant between the victim D and Hongcheon-gun E (hereinafter “instant land”).

In order to obtain a large amount of loan, a contract for the installment of the purchase price of KRW 150 million, not KRW 100,000,000, not KRW 1000,000,000, not KRW 1000,000,000,000, which is not KRW 100,000,000, is prepared, and the ownership transfer registration has been completed first, shall be granted as security, and the balance of KRW 50,000,00,00,000,

“The purpose of “ was to make a false statement.”

However, in fact, the defendant did not have a certain amount of income at the time, and the amount of debt for the No.C. financial loan is equivalent to KRW 1,255,00,000, and the amount of debt for the social loan of A.C. social loan is equivalent to KRW 35,100,000, and the amount of debt for Hyundai department store is equivalent to KRW 500,000, and it is necessary to prepare as a loan for living expenses.

On the other hand, the Defendant owned F. F. F. 70,537 square meters and G. 1,803 square meters and 42,334/68 of public land on G. G. 1,803 square meters. However, the Defendant established a collateral security right on the said land with the maximum amount of KRW 1,521,00,000 for the said land and received a loan of KRW 1,170,000,000, which is a part of the obligations related to the mutual financing of the said agricultural cooperative, with the loan of KRW 1,521,00,000 for the said land and used it as the purchase fund of the said land to use it as a collateral and sold it to the

Ultimately, even if the Defendant received the registration for the transfer of ownership of the instant land from the injured party as above, he did not have any intent or ability to pay the remainder of KRW 50 million according to the promise, and did not have any intent to prepare a fair deed concerning the payment of the remainder.

Nevertheless, the defendant is against the land of this case equivalent to KRW 100 million from the injured party on the same day.