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(영문) 광주지방법원 목포지원 2020.03.13 2019고단8
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On December 10, 2015, the Defendant sentenced four months to imprisonment for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Gwangju District Court on April 9, 2016 and completed the execution of the sentence in the Gwangju Prison.

【Criminal Facts】

To the extent that it does not interfere with the defendant's exercise of right to defense, some of the facts charged were corrected in accordance with substantive relations.

The defendant is a person who operates the Steering Council in the Southern-gu B and the first floor of Gwangju.

On July 20, 2017, in order to preserve the above construction cost claim, the victim D shall provisionally attach the right to claim ownership transfer registration of H buildings located in G and one parcel, except G, Nam-si, which is trusted to F. In order to preserve the above construction cost claim.

Around September 27, 2017, the Defendant concluded that “Around September 27, 2017, the Defendant, who operates a coffee shop in front of the Seo-gu Office of Gwangju, stating that “A total of three households, such as H building I, Jho, and K, will move at latest to October 31, 2017 at the latest with respect to the cancellation of provisional seizure.”

However, in fact, the Defendant, including the above three households, had been trying to offer all of the 36 households of H building as collateral and to repay the existing debts with the loan. Therefore, even if the victim company had cancelled the above provisional seizure, the Defendant did not have the intention or ability to transfer all the three households of H building I, Jho, Kho, etc. to the victim company.

On September 28, 2017, the Defendant, by deceiving the victim company, acquired the victim company’s pecuniary benefits to cancel the provisional seizure.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Legal statement of witness E;

1. Decision of the Gwangju District Court 2017Kahap214, decision on provisional seizure, agreement, sale contract for H building, promissory note notarial deed, certificate of the entire real estate registration matters of H building I, and transaction statement of passbook in the name of the Dispute Resolution Co., Ltd.;

1. The results of the inquiry and reply to L unions of this Court.

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