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(영문) 인천지방법원 2014.11.11 2014고단47

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

From April 30, 2012, the Defendant borrowed approximately KRW 900 million from the victim D to the 3-dong and 4-dong, Seo-gu, Incheon, Seo-gu, Incheon, from around April 30, 2012, and subsequently failed to repay it. On February 2, 2013, the Defendant provided six-party loans, including KRW 303,00,000, to the victim as payment in kind, and was entrusted by the victim with the sale of six-party loans, including the above 3-party 303,00.

On the other hand, around April 26, 2013, the Defendant entered into a sales contract with the buyer for the above 3 403 Dara 403 on the part of the Defendant, i.e., the sales contract with the buyer, who received 2 million won of the down payment from the buyer, and received 31.5 million won of the intermediate payment around April 30, 2013, but E demanded the termination of the contract on the grounds that provisional attachment was made for the above 3 Dora 403 Dora 403, the Defendant, the victim, changed the object of the sale from the above 3 Dora 303 dong 303, who was the victim.

The Defendant, around May 4, 2013, at the sales office of the above 3-203 Dong-Ba 3, 203, decided to sell the 30,200,000 won of the 1.2 billion won of the 32,000 won of the 32.5 million won of the 200,000 won of the 200,000 won of the 32,50,000 won of the remaining 32.5 million won of the 30,000 won of the 32,50,000 won of the 2013.

However, in fact, the Defendant had no intention or ability to pay 33.5 million won to the victim, since the Defendant was planning to use 33.5 million won in paying the down payment and the intermediate payment that he received from the above E as a repayment of his obligation. Therefore, the Defendant did not have the intent or ability to pay 33.5 million won already received from E as above.

Nevertheless, on June 21, 2013, the Defendant had the victim complete the registration of transfer of ownership in the amount of KRW 303,000,000,000 at the market price of KRW 1220,000.

Summary of Evidence

1. Legal statement of witness D;

1. A protocol concerning the suspect examination of the accused;

1. Each contract for sale in lots and all certificates of registered matters;