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(영문) 인천지방법원 2015.01.28 2014고단5421

사기등

Text

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

Reasons

Punishment of the crime

[Criminal Power] On August 8, 2014, the Defendant was sentenced to imprisonment for five years and a fine of one million won at the Incheon District Court for fraud, etc., and the said judgment became final and conclusive on the 19th of the same month.

【Criminal Facts】

around December 12, 2011, the Defendant stated that “D real estate” office operated by the Defendant in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, would sell KRW 102,00,000 to G the F building 102,00,000,000 won of the down payment and the intermediate payment KRW 40,000,000,000,000,000 won will be paid to G, first of all, as G has circumstances, as the ownership is transferred, after the transfer of ownership to G, the Defendant would pay the remainder of KRW 60,000,000,000 after the month when the ownership is transferred to G, and if a lease contract with the party as the lessee is concluded and a fixed date is obtained, the security will be secured.”

However, as soon as the defendant received the registration of transfer of ownership with respect to the above loan, he was thought to use the loan as a collateral, and at the time, he did not have an intention or ability to pay the victim the remaining amount of 60 million won due to the circumstance that the obligation of the security loan to financial institutions should be paid in the amount of KRW 15 million to KRW 20 million per month.

On December 20, 201, the Defendant: (a) by deceiving the victim; (b) obtained the registration of ownership transfer of the loan in the name of G from the victim; (c) obtained the registration of ownership transfer of the loan in the name of G on the same day; (d) obtained the loan of KRW 66 million from the Saemaul Bank, but (e) obtained the right to lease on a deposit basis with H around April 20, 2012, even though the right to lease on a deposit basis was established with H at KRW 70 million, the Defendant did not pay the balance to the victim and acquired the pecuniary benefits equivalent to the same amount.

"2014 Highest 9467"

1. No person who violates the Act on the Registration of Real Estate under Actual Titleholder’s Name shall register any real right to real estate under the name of the title trustee;

The defendant around August 20, 201 shall be Incheon.