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(영문) 청주지방법원 2015.03.26 2015고정143

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaged in the construction business. During the construction of multi-household B housing located in the name of the Defendant’s father, the Defendant transferred the ownership of the building owner under the name of the owner of the building because it was impossible to grant the construction cost to the D, and as to the land, the Defendant transferred the ownership again to the said D while having made a provisional registration of the right to claim ownership transfer to E on the ground that he did not grant the construction cost to E. In addition, the collateral security has already been set up against the Youngdong Community Fund, which is the mortgagee of the right to collateral security, the maximum debt amount of KRW 158,20 million, and the other mortgagee of the right to collateral security (the maximum debt amount of KRW 333,00,000,000, the maximum debt amount of KRW 15,000,000,000 to the

Around January 2, 2013, the Defendant, at the office of the Daplus Co., Ltd. located in Gangdong-gu Seoul Metropolitan Government on the premise that he was the owner of the said new building B, concluded the said construction within one month and obtained permission for completion, and subsequently concluded the construction and paid 34.5 million won including interest on the loan from the bank until February 15, 2013.

However, as above, D et al. exercised a substantial right to the building that was being newly constructed, and the Defendant did not intend or have the ability to obtain a loan on the basis of the permission to complete the construction and obtain a construction completion from February 2, 2013. The Defendant thought that the loan was used for personal purposes.

Around January 2, 2013, the Defendant, by deceiving the victim as above, received money KRW 12 million from the victim to the credit cooperative bank account in the name of the I stock company managed by the Defendant. On January 3, 2013, the Defendant was transferred from the above victim, and only KRW 18 million from the office of the I stock company with the above Sea Pugs.