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(영문) 청주지방법원 영동지원 2012.07.19 2011고단347

사기미수

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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C were in conflict with her husband before they divorced from her husband D.

The victim owns the E Apartment 104 Dong 911 and the Gangseo-gu Seoul Metropolitan Government F apartment 2 Dong 403 each, and the above F apartment was incorporated into two houses for one household, but it was not possible to obtain the right to move into the redevelopment apartment from the SH Corporation, the executory site, to avoid this, the victim registered the ownership of the above E apartment on April 12, 2008 to the defendant.

On June 201, when the redevelopment of the above F apartment by the victim was confirmed and the right to move into the apartment, the defendant, around May 30, 2010, argued that the defendant entered into a new lease contract of the above E apartment around May 30, 201, and that "the defendant acquired the ownership of the above E apartment as payment in kind of 28 million won out of the loan of 46 million won to the victim around 1996, and the victim agreed to pay the deposit for the above E apartment at the intervals of payment in kind."

On June 15, 2011, the Defendant: (a) at the Young-gu District Court, Young-gu, Young-dong, Young-dong, Young-gu, Chungcheongnam-gu, Dong-dong, Young-dong, the fact that the Defendant leased KRW 46 million to the victim; (b) was transferred the ownership of the above E apartment due to payment in kind; and (c) the victim did not have agreed to pay KRW 16 million to the Defendant the deposit for the lease of the above E apartment; (d) the Defendant received E apartment by payment in kind for the amount of KRW 28 million, which is part of the loan. The victim agreed to pay KRW 16 million for the remainder of the loan; (b) the victim received KRW 16 million for the deposit for the lease of the E apartment; and (c) the victim attempted to receive KRW 16 million for the claim for the agreed amount by filing a false lawsuit to the effect that the payment of the interest is made. However, the victim failed to comply with the agreement.