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(영문) 서울북부지방법원 2018.05.09 2017고단3582
사기미수등
Text

The defendant shall disclose the summary of the judgment of innocence against the defendant.

Reasons

1. The Defendant married with C on June 23, 2003, but divorced on or around July 22, 2009. On January 2009, the Defendant agreed to purchase the instant apartment on the condition that, while preparing for a divorce by agreement around January 22, 2009, the Defendant transferred the instant apartment No. 102 Dong 1101 (hereinafter “instant apartment”) to the said C, Seoan-gu, Seoan-gu, Yan-gu, Yan-gu, the Defendant owned. However, even if the ownership of the instant apartment was transferred due to the lack of any occupation at the time of the said C, it is difficult for the Defendant to repay the interest on the secured debt of the right to collateral security established on the instant apartment, even if the ownership of the instant apartment was transferred, the said C E, who is the victim E, financially supported the said apartment and take over the secured debt of the right to collateral security established on the instant apartment

Around January 22, 2009, the Defendant prepared a real estate sale contract for the instant apartment from the instant apartment to the victim on the following occasions: (a) stated the down payment of KRW 120,000,000 in the form of a contract; and (b) made all payments on the date of entering into the contract; and (c) did not actually receive the payment from the injured party by replacing the remainder with the public charges and the loan; and (d) did not intend to receive the payment of the down payment, the Defendant committed a lawsuit against the victim as if he did not receive the payment of the down payment.

A. On March 26, 2014, the Defendant attempted to commit fraud was at the Seoul Northern District Court located in Dobong-gu Seoul, Seoul, Seoul, 749. The Defendant agreed to purchase the apartment of this case under the condition that the injured party financially supported the said C and acquired the secured debt of the right to collateral security established on the apartment of this case. Although there was no purchase price to be paid from the injured party, Defendant (the injured party) paid to the injured party the amount of KRW 12 million per annum from January 23, 2009 to the day of full payment (the injured party) with 20% interest per annum from January 23, 2009 to the day of full payment). The purport is that “The injured party shall accept the said apartment of this case.”

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