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(영문) 의정부지방법원 2017.04.14 2016고단5643

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On May 30, 2010, the Defendant: (a) at the “D” real estate brokerage office operated by the Defendant located in Pyeongtaek-gun, Gyeonggi-do; and (b) on the fact, the Defendant did not have any intention or ability to transfer the ownership of the said real estate even if he/she received the payment of the purchase price, and even if he/she did not receive the payment of the purchase price, he/she did not have an intention or capacity to transfer the ownership of the said real estate; (c) on the part of the victim G, H, I, J, and K, “I would make a false statement to transfer the ownership of KRW 80,000,000,000 in the form of the said real estate purchase price.”

2. The Defendant: (a) around August 16, 201, at the same place as the foregoing paragraph 1; (b) the fact was that the Defendant owned the Defendant; (c) the right to collateral security of KRW 225 million to creditors M with the maximum claim amount of KRW 66,901m2,00,000,000 to the Plaintiff; (d) the right to collateral security against creditors N with superficies was established; and (e) at the time, the Defendant had a debt amounting to KRW 80,000,000 to KRW 80,000 to the superficies; and (e) even if the Defendant was paid the purchase price for a part of the said real estate, there is no possibility that the said collateral security and superficies will be cancelled, even if he did not have an intention or ability to transfer the ownership thereof within the number of months; (e) the victim’s O, G, and H; and (e) the victim’s share was transferred from KRW 50,000 to KRW 50,00 to the above real estate under its name.

3. On December 2012, the Defendant: (a) at the same place as the foregoing paragraph 1, and (b) at the same time with respect to the fact that the Defendant owned, the Defendant’s right to collateral security of KRW 22,500,000,000 against the creditor M, on the Gyeonggi-gun L, which is the Defendant’s ownership.