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(영문) 서울중앙지방법원 2015.10.01 2015고단1692

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant was aware of the fact that the victim C (D before the opening of the name) borrowed KRW 60 million from the new cooperation as collateral for the instant multi-household E Multi-household 102 (hereinafter “instant real estate”), but the Defendant was faced with an auction due to the failure to repay the principal and interest, and the Defendant’s intention to sell the said debt to the person entitled to transfer the said debt. On May 1, 2014, the Defendant stated to the purport that “I, the husband of the said victim, through F, will first register the said subparagraph under the name of the Defendant, KRW 20,000,000,000 won, and KRW 60,000,000 and KRW 11,000,000,000,000,000,000,000, in the name of the Defendant, from the HC located in Jongno-gu Seoul Metropolitan Government.”

However, the Defendant did not have certain income or assets, and was immediately registered as a bad credit holder because he was unable to repay the principal and interest of KRW 20 million loaned by the East Exchange Bank. Since the Defendant transferred the name of the said real estate under the name of the Defendant and intended to borrow money from others as collateral, the Defendant did not have the ability to succeed to the obligation of bank obligations of KRW 60 million and KRW 110 million, and to pay KRW 20 million even if he was transferred the name of the said real estate from the victim.

Nevertheless, on May 7, 2014, the Defendant acquired the ownership of the above house from the victim in the name of the Defendant, which is equivalent to KRW 190,000,000,000 from the market price.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness I, J, witness F, and K respectively;

1. Some of the protocol of interrogation of the defendant by the prosecution against the defendant, and some protocol of interrogation of the prosecution against F by the prosecution (including the questioning part of the defendant);

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes to a real estate sales contract, a certificate, or a copy of each register of real estate;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Suspension of execution;