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(영문) 수원지방법원 안양지원 2018.09.21 2015고단810

사기

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

around October 10, 201, the Defendant: (a) around 201, at a coffee shop located in Seocho-gu Seoul Metropolitan Government, the 770,000,000 won for the victim C and the victim’s land and building D (hereinafter “instant real estate”) (hereinafter “instant real estate”); (b) the intermediate payment of KRW 30,000,000 (payment on October 26, 201), the remainder payment of KRW 720,000,000 (payment on October 26, 201), and the remainder of KRW 720,00,000 (payment on December 20, 201). However, the Defendant concluded a contract on the condition that the mortgagee’s collateral debt, 324,000,000,000 won, provided as an E organization, which owns the real property of this case, was purchased by the Defendant.

1. On October 19, 201, the Defendant: “The Defendant operates the Company F, which is urgently needed with the Company’s operating funds, to the victim at the place of influencies.”

If the registration of the establishment of the right to collateral security of KRW 30,000,000 is excessively permitted for the instant real estate, it would be resolved when the balance of the purchase price is paid on December 20, 2012.

“.....”

However, in fact, for the criminal agreement of G, the Defendant only intended to complete the registration of the establishment of the right to collateral security with the victim H as the person with the right to collateral security in G case, and did not intend to purchase the instant real estate.

On October 19, 201, the Defendant, by deceiving the victim, had the victim obtain pecuniary advantage equivalent to the value of the collateral by having the obligor A, the mortgagee H, the maximum amount of 30,000,000 won for the instant real estate registered with respect to the establishment of the right to collateral security.

2. On November 15, 201, the Defendant would make the victim pay the balance of sales to Mongolia on December 20, 2012 after having received goods equivalent to KRW 300,000,000 from the victim in the name of the victim in the name of the victim and having the victim completed the registration of the establishment of the right to collateral security with the maximum amount of KRW 300,000,000 on the instant real estate from the transaction partner (State).

“.....”

However, in fact, the defendant(state) will pay 54,00,000 won or more to I.