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(영문) 창원지방법원 마산지원 2018.01.26 2017고단202

사기등

Text

Defendant

On October 12, 2012, the Act on the Registration of Real Estate under Actual Titleholder's Name was violated.

Reasons

Punishment of the crime

Defendant

A On July 3, 2013, the Busan District Court was sentenced to one year of suspension of the execution of imprisonment with labor for fraud, etc. at the Busan District Court's Dong Branch, which became final and conclusive on July 11, 2013.

1. Defendant A is the actual owner who newly constructed a G building consisting of 8 stories above ground and 13 units on a land with a total of 363 square meters of land in Changwon-si, Changwon-si, Changwon-si.

A. On March 2014, the Defendant: (a) stated, “Around March 2014, the Victim H (Death on April 21, 2017, the G Corporation completed the construction cost; (b) borrowed money due to the shortage of the construction cost; and (c) the said land is only a collateral security establishment for KRW 1 billion against the agricultural cooperative of the Gohapcheon-dong Department; (d) if the construction cost is fully secured, the Defendant would immediately set up a collateral on the said land; and (e) if the G completed the construction cost, it would obtain a loan of KRW 1.8 billion as collateral, there is no problem in repayment of the construction cost.”

However, in fact, the above land was 1.90 million won guaranteed by the obligor, and there was no collateral value due to the demand for compensation for damages and the payment of the construction cost, and even if the Defendant had granted bonds to the obligor, it was difficult to obtain 1.8 billion won loan from Gohap-dong Agricultural Cooperative even if the building was completed, and even if the above building was completed by the bank as collateral, even if it was paid with the obligation to pay the unpaid construction cost and the bond company with money from the victims, it was not possible to do so on the date of the promise.

Nevertheless, the Defendant, by deceiving the victim and deceiving the victim, was KRW 100 million around March 27, 2014 from the victim, and the same year.

4. The cash of KRW 150,000,000,000 from May to August of the same year was received through I, respectively, and was transferred to a corporate bank account in the name of the Defendant designated on May 20, 2014 and KRW 400,000,000 to August 5, 2014.