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(영문) 부산지방법원 동부지원 2017.01.16 2016고단692

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 13, 2013, the Defendant would set up a provisional registration for the victim B at a certified judicial scrivener office located in the Busan-do Busan-dong, Busan-do, with the "20 million won, if the Defendant lent the 20 million won to the victim B.

In addition, the amount equivalent to 3% of the principal amount per month shall be paid as interest, and the loan amount shall be repaid after one year, and the provisional registration of the right to claim the transfer of ownership against the above apartment building shall be lent 20 million won on the same day, and the provisional registration of the right to claim the transfer of ownership against the above apartment building shall be made on August 19, 2014, and the provisional registration of the right to claim the transfer of ownership against the victim B as the right to claim the transfer of ownership was established.

Since then, on December 6, 2013, when the defendant did not repay the above debt to the victim B, on the application of the Busan Gyeong-dong Partnership as the person who was the nearest party of the above apartment, the defendant committed an auction for the above apartment house. On August 2014, the defendant borrowed money from E in order to repay the debt to the Busan Gyeong-nam Cooperative and withdraw the auction, and promised to set up a collateral security to E and cancel the provisional registration under the name of the senior victim B.

On September 17, 2014, the defendant lent money to the victim B from the victim E as security at the office of the mutually unregistered certified judicial scrivener office in front of the Busan High-dong branch office in Busan High-dong, Busan High-dong, Busan High-dong, Busan High-dong, to repay the debt of the friendly Association and withdraw the auction.

In this regard, E’s order that “If prior provisional registration is not cancelled, the principal obligation shall be repaid.”

Along with the three-month period of the cost of civil engineering works in progress within the Republic of Korea, a false statement was made that “The principal and interest shall be repaid upon receiving the said construction cost after the three-month period from the date of cancellation of provisional registration.”

However, even if the defendant was released from provisional registration from the victim B, he/she did not have any intention or ability to repay the money borrowed from the victim within three months.

The defendant deceivings the victim and is under his control.