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(영문) 인천지방법원 2015.10.22 2015고단851

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On May 23, 2011, the Defendant concluded that “The Defendant would purchase the land and lend the money to the victim M in order to build the Nunit Housing located in the Nam-gu Incheon Nam-gu Nunit Housing, which is located in the Nam-gu Incheon Nam-guJ, and would repay the money to the victim M because there is an interest rate of KRW 150 million in August, 201, calculated as the second part of the month and calculated as the interest rate of KRW 150 million.”

However, at the time, the Defendant did not have any intent or ability to repay the debt amounting to KRW 100,000 to KRW 80,000,000, because the credit amount was extended to KRW 700,000.

Nevertheless, on May 26, 2011, the Defendant obtained 38.5 million won from the victim to the account in the name of O after deducting 1.5 million won from the prior interest as a sales contract deposit.

2. On June 29, 2011, the Defendant: “Around June 29, 201, the Defendant borrowed 90,000,000 won to the said victim for any balance of land; “A building may not be raised if he/she fails to purchase the land,” and the newly built 502 subparagraph 13,000,000 won after deducting the said KRW 40,000,000,000 from the sales price.” The Defendant made an investment in the said L as the sales price for the remainder of KRW 90,000,000 after deducting the said KRW 40,000,000.

However, the Defendant was unable to carry out construction works on the ground that the Defendant-friendly P, a child of the Defendant, was due to the lack of credit standing. On November 21, 2012, the Defendant completed the registration of ownership transfer with respect to the above 502 subparagraph (a) under the name of the victim on November 20, 2012. However, on November 20, 2012, the Defendant did not have any intent or ability to transfer full ownership by selling the above 502 subparagraph to the victim, as the registration of ownership transfer was completed on November 20, 2012.

Therefore, the defendant is suffering from the victim on July 13, 201.