사기
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date of the above judgment.
Punishment of the crime
On November 6, 2012, at around 18:30, the Defendant entered into a sales contract with the victim to sell the said G field 1,330 square meters (hereinafter “instant land”) owned by the Defendant F, the Defendant’s wife, to the victim H 100 million won. On November 6, 2012, the Defendant concealed the fact that multiple registration of the establishment of a large number of neighboring mortgages and the seizure and provisional seizure on the instant land was already completed, and that voluntary auction was already commenced on the instant land. Upon receipt of the payment of the purchase price from the victim, the Defendant made a false statement of the ownership of the instant land as if it could normally be registered with the victim.
However, regarding the instant land on August 5, 2002, the registration of the establishment of a superficies of KRW 690 million with the maximum debt amount as the National Agricultural Cooperative Federation of the mortgagee on August 5, 2002, the registration of the establishment of a superficies of KRW 250 million with the superficies as the National Agricultural Cooperative Federation of the superficiary on August 5, 2002, the registration of the establishment of a mortgage of KRW 250 million with the maximum debt amount as I on September 15, 2005, the registration of the establishment of a mortgage of KRW 100 million with the maximum debt amount as I on August 1, 2006, the registration of the establishment of a mortgage of KRW 50 million with the maximum debt amount as the mortgagee on January 8, 207, the registration of the establishment of a mortgage of KRW 17,315,161, which was conducted voluntarily on July 6, 2007.
Meanwhile, the Defendant, without any particular property, bears a guarantee obligation equivalent to KRW 350 million, and thus, the Defendant has no intention or ability to transfer ownership of KRW 17,330,00 square meters to the victim by repaying the secured debt equivalent to KRW 1,94,00,00 in total, and the delinquent local tax of KRW 17,315,160 in total.
Nevertheless, the defendant is above.