사기
The defendant shall be innocent.
1. On December 20, 2013, the injured party B entered into a sales contract of KRW 272 million with respect to the forest land of this case with the Defendant and the Defendant around December 20, 2013 as the owner of Pyeongtaek-si C Forest land 595 square meters (hereinafter “the instant forest”) and established a collateral security right of KRW 56 million with respect to the forest land of this case as the down payment. The injured party received KRW 27.2 million from the Defendant, i.e., payment from the Defendant, and the Defendant succeeded to the amount of KRW 124 million with respect to the instant forest land borrowed from D bank as security, and the remainder amount of KRW 116.8 million with respect to the remainder shall be paid after one month, and the collateral security right was established in the name of the injured party instead of making a registration of ownership transfer prior to the remainder payment.
However, as the Defendant did not pay any balance on the payment date of the remainder, the victim set up a provisional attachment of the claim amounting to KRW 60,308,305 with respect to the forest land of this case around March 10, 2014.
On April 2015, the Defendant paid KRW 116,80,000,000 to the Defendant for the remainder of the purchase and sale of the instant forest land by releasing the collateral mortgage and the provisional seizure set up on the instant forest land from the F control point located in Gyeonggi-si E.
“A false statement” was made.
However, the defendant did not have the intention or ability to pay the balance to the victim even though the victim had cancelled the above neighboring mortgage and provisional seizure.
Nevertheless, on April 21, 2015, the Defendant received documents necessary to cancel the above nearby mortgage and provisional seizure from the injured party, and terminated the mortgage on the same day. On April 23, 2015, the Defendant acquired property profits equivalent to KRW 110,308,305, in total, the amount of the claim for provisional seizure and the maximum amount of the right to collateral security.
2. Determination
A. On April 2015, the Defendant’s assertion of the Defendant and the defense counsel at the F control point located in Gyeonggi-gun E, the Defendant, along with G, who mediated the instant forest trade and mediated the remainder payment between the Defendant and the victim, and the victim’s business difficulties.