beta
(영문) 울산지방법원 2015.10.22 2015고단1085

사기등

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On July 1, 2014, the Defendant was sentenced to two years and six months of imprisonment with prison labor at the Ulsan District Court for occupational breach of trust, etc., and the judgment was finalized on September 4, 2014.

1. On February 4, 2013, the Defendant entered into a sales contract with the victim for purchasing KRW 182,00,000 in his/her residence in Ulsan-gun, Ulsan-gun, Ulsan-gun, to purchase the forest E (2707 square meters) owned by the victim from the victim, and then entered into a sales contract with the victim for purchasing KRW 15,00,000 on the same day as the down payment, and the same month;

5. Around February 27, 2013, the sum of KRW 5 million was paid to the victim. Around February 27, 2013, the victim paid KRW 40 million as an intermediate payment to the victim at the above place, and the victim made a false statement stating, “The remainder of KRW 122 million after the month when the ownership of the land was transferred first shall be paid KRW 122 million after the month when the ownership was transferred.”

However, in fact, the Defendant, as a bad credit holder, has reached approximately three billion won of personal debt, and only interest on the above debt was spent at approximately KRW 20 million every month, and since there was no time to pay the balance to the victim, the Defendant by deceiving the victim and then transferred the ownership of the above land from the victim, the Defendant attempted to borrow the above real estate as collateral and pay some balance as part of the loan without the victim’s permission. Since most of the loans were to be used to repay the Defendant’s personal debt, there was no intention and ability to pay the purchase amount to the victim even if the Defendant purchased the above real estate from the victim from the beginning.

Nevertheless, on December 23, 2013, the Defendant was transferred the ownership of the above land from the victim under the name of the Defendant F, Cho Jong-man.

Accordingly, the defendant deceivings the victim to acquire the property owned by the victim.

2. The Defendant shall register the false entry into public electromagnetic records, etc., and the false entry into public electromagnetic records, etc., at the Ulsan District Court’s office located in the Nam-gu, Ulsan District Court on February 27, 2013, and at the Ulsan-gun, Ulsan-gun.