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(영문) 대구지방법원 2017.06.22 2017고단527

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 8, 2001, the Defendant: (a) registered the transfer of ownership on the ground of purchase on September 20, 2001; (b) the Defendant filed an application for compulsory auction of the instant apartment on July 201, 201; and (c) around December 8, 201, D filed a registration of the transfer of ownership on the instant apartment on the ground of compulsory purchase on the grounds of the Defendant’s creditor’s nonperformance of obligation to C; and (d) around December 8, 2014, D filed a registration of the transfer of ownership on the instant apartment on the ground of compulsory purchase.

Accordingly, around January 2015, E, the defendant and the defendant's spouse, tried to purchase the real estate in approximately KRW 180 million from the above D.

On January 21, 2015, the Defendant, along with E, reported the victim G management H office located in the Seogu Daegu-gu Office, Daegu-gu, to pay approximately KRW 500,000 per month when there was no particular property or income at the time, and at the time of deduction of living expenses, etc., the Defendant and E promoted the “B Housing Reconstruction Project” over several years, but it was not expected that earnings will be generated within several months through the project in the future. Since there was no funds to repurchase the apartment, the Defendant, as the owner of the apartment in this case, acquired the existing debt amount of KRW 120,000,000,000 from D as collateral, and paid the principal amount of KRW 20,000,000 to D, and delayed the payment of the apartment loan over KRW 500,500,000,000,000,000,000,000,000,000,000,00,00.