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(영문) 광주지방법원 2019.03.14 2018고단3613

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

around 2012, the Defendant had been engaged in singing practice in South-west Navy B and became aware of it with the victim C.

The Defendant leased KRW 60 million from the victim to March 2013 to purchased D apartment E, and completed the registration of ownership transfer in the name of F, his/her father, around February 5, 2013.

In addition, in order to secure the above 60 million won that the victim lent to the defendant, the defendant set up the right to collateral security with the debtor F and the right to collateral security with the mortgagee C as to the above D Apartment E.

On June 2013, the Defendant stated that “The Defendant would borrow money from other places, and want to obtain a loan by providing D apartment as security, so that additional loans may not be made due to the right to collateral security, but would have cancelled the right to collateral security.” The Defendant stated that “The Defendant would obtain an additional loan and then re-establish the right to collateral security again.” The Defendant said that “The Defendant would obtain an additional loan and then re-establish the right to collateral security.”

However, even if the victim had cancelled the right to collateral security, the defendant did not intend to establish the right to collateral security later.

The defendant deceivings the victim as such and causes the victim to be subject to such deception.

6.4. Around April, by allowing the cancellation of the registration of the establishment of a neighboring mortgage, the amount was obtained from the property gains the amount of which is unknown.

Summary of Evidence

1. C’s legal statement;

1. Full certificate of the registered matters;

1. Application of Acts and subordinate statutes on deposit transactions;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons, etc. for conviction under Article 62-2 of the Criminal Act;

1. The defendant and his defense counsel's assertion is below the right to collateral security stated in the facts constituting the apartment (hereinafter "the apartment of this case") stated in the facts constituting the crime.