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(영문) 수원지방법원 안산지원 2018.02.21 2017고단1399

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 7, 2015, the Defendant shall sell a 1,157 square meters out of the 3,176 square meters of the 20,000 square meters of the 1,157 square meters of the 20,000 square meters of the 3,176 square meters of the 3,176 square meters of the 20,000,000

On October 6, 2015, which was the date of the payment of the remainder, the survey and division of forest land before October 6, 2015, and the transfer of ownership by cancelling all of the neighboring mortgages and superficies established on the land.

However, in fact, the Defendant owned a lot of 10 billion won in a single loan, but during that process, the Defendant was required to pay interest of at least KRW 500,000,000 per month for personal debts with a loan of KRW 1.2 billion from the financial right. However, since the economic situation worsens from around 2014 and the interest was not paid properly, even if the Defendant received the payment of the down payment from the damaged party, he did not have the ability to cancel the collateral security, etc. established on the instant land and divide the land and transfer it.

On August 10, 2015, the Defendant deceptioned the victim and acquired 70,000 won from the victim through the Agricultural Cooperative Account in the name of the Defendant on August 10, 2015, as the down payment.

2. On February 2, 2016, the Defendant acquired the cost of withdrawing an auction by deception, and filed a request with the victim for auction to the F land by the creditor G at an insane area (hereinafter referred to as “C”).

If a person lends KRW 15 million, he/she said that he/she would withdraw an auction with this money and divide and transfer land according to the promise.

However, the defendant did not have the ability to cancel the right to collateral security established on the land of this case and transfer the same according to the promise even if he received the money from the injured party due to the aggravation of the economic situation as above.

The defendant deceivings the victim as above, and his deceivings the victim through the Agricultural Cooperative Account in the name of the defendant on the same day.