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(영문) 서울남부지방법원 2014.02.12 2013고단4271

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Around May 15, 2013, the Defendant entered into an apartment charter agreement with C Licensed Real Estate Agent Office located in Gyeonggi-si B, Gyeonggi-gu, Gyeonggi-do, which purchased from D and did not transfer the registration of transfer from D to the victim F under the name of Gyeonggi-gu E Apartment 202 and 1502, where the Defendant did not transfer the ownership of the above apartment to the Defendant, and later, purchased the ownership of the apartment, and cancelled the right to collateral with the maximum debt amount of KRW 185,400,00 set up in the National Bank in the future of the National Bank with D as the obligor, and set a new collateral with the Defendant as the obligor, with regard to the establishment of the new collateral, the fact is that the remainder of the purchase and sale to D should be raised as the loan to the financial institution. However, even though the Defendant thought that the new collateral amount should be set out as the amount above the existing maximum debt amount, it is apprehended that the value of the newly set amount would be insufficient to secure the rental deposit if it is above the existing amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol of statement to F;

1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (not less than a previous conviction for the defendant, but not more than an agreement with the victim);