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(영문) 서울동부지방법원 2018.01.18 2016고단1496

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[2016 Highest 1496]

1. Basic facts: (a) on January 25, 2014, the Defendant exchanged the victim D and the victim’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children.

Therefore, since the victim decided to succeed as above, 10 million won of the above loan was confirmed by the lending bank and only 10% of the loan cannot be repaid to the lending bank, and the injured party cannot continue to extend the loan maturity, which was difficult for the victim to succeed to the above loan. As the defendant resisted, the defendant again exchanged the victim with other real estate.

Therefore, on March 6, 2014, the Defendant shall exchange the victim and the victim with an Ansan-gun of Gyeonggi-gu, J, K, K, M, M, N,O, P, Q, Q, R, T Forest, and part of U (1,196 square meters out of 1,67 square meters (hereinafter “13 square meters out of 1,67 square meters”) with an Ansan-gun, and the victim shall pay 200 million won (up to 17,50 million won around April 5, 2014) with an exchange difference between the victim and the victim, and the victim shall pay 30 million won (up to 130 million won around April 5, 2014; 420 million won related to the loan of 13 square meters in Pyeongtaek-gun, which shall be succeeded by the victim; 3.4 million won in real estate exchange with an obligation to return 500 million won and 4.5 million won in real estate exchange; 2.5 million won in real estate exchange with the above 2.4 million won.