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(영문) 인천지방법원 2013.09.05 2011고단6839

사기

Text

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

except that 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

[criminal power] On August 12, 2011, the Defendant was sentenced to ten months of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on October 27, 2011.

【Criminal Facts】

In around 2007, the Defendant became aware of the Victim G, which: (a) D, who was an infant, had a claim of KRW 519 million against E representative F; and (b) through the above D, the Defendant became aware of the Victim G, which also had a claim of KRW 492 million in E.

Since then, around November 2008, the Defendant wanted to acquire by auction the H building constructed by E by filing a request for auction. For this purpose, the Defendant acquired the victim’s claim against E and paid KRW 500 million in return.

In addition, around December 9, 2008, the defendant transferred the provisional registration of transfer of ownership in the name of J, a parent of the defendant, to the victim, which was established by 7 generations, including the Nam-gu Igra 301, Nam-gu, Incheon.

On December 31, 2008, the Defendant was tried to avoid the provisional registration of transfer of ownership established in the name of the victim in order to make the above judgment favorable to the Defendant. In addition, on December 31, 2008, the Defendant was tried to avoid the provisional registration of transfer of ownership established in the name of the victim.

Accordingly, around December 2010, the Defendant made a false statement to the victim through J and D, an employee of the certified judicial scrivener office, at a place below Incheon (hereinafter referred to as Incheon), stating that “In order to solve the problem, the Defendant would have to cancel provisional registration by selling IBC 301, and sell IBC 301 to K. In order to cancel the provisional registration. On the other hand, the Defendant would have completed the provisional registration within 15 days, and recover the provisional registration, as well as to have the principal registration registered.”

However, the defendant intended to cancel the provisional registration of the victim to obtain a favorable judgment in his criminal case, and if the victim cancels his provisional registration, K shall complete the ownership of K IB 301.