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(영문) 대구지방법원 경주지원 2017.11.22 2017고단358
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 18, 2013, the Defendant sold to the victim E a 1/2 share of D land and a building on land (hereinafter “instant real estate”) at the Defendant’s residence located in the racing-si D around April 18, 2013 to F, who is the husband of the Party, in the amount of KRW 53 million.

On April 19, 2013, the first intermediate payment of KRW 14 million on April 19, 2013, and the second intermediate payment of KRW 10 million on June 30, 2013, upon payment of KRW 10 million on June 30, 2013, the registration of collateral security and seizure created on the relevant real estate will be terminated by December 15, 2013, and the registration of ownership transfer will be made at the same time as the remainder payment is made on December 30, 2013.

“A false statement” was made.

However, in order for G to secure the amount of KRW 42 million against the instant real estate, the maximum amount of KRW 49.8 million was set up by G. In order to secure the secured claim, the external agricultural cooperative also set up a collateral worth KRW 14 million with a view to securing the amount of KRW 8 million against the secured claim, and the former lessee set up a provisional seizure with a deposit repayment claim KRW 35 million as a preserved claim, as well as the Defendant was in excess of the obligation at the time. As such, even if he received KRW 24 million from the injured party as the down payment and intermediate payment, he did not have any intent or ability to cancel the said collateral and provisional seizure.

As above, the Defendant: (a) by deceiving the victim on April 18, 2013; (b) obtained a total of KRW 24 million from the victim on April 19, 2013; (c) KRW 14 million on April 19, 2013; (d) KRW 7 million on July 2, 2013; and (e) obtained a delivery of KRW 24 million on July 6, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the defendant (including a substitute part of examination);

1. Statement made by the police for E;

1.Related documents (the details of passbooks, details of loans, certificates of debts), details of NICE Evaluation Information Company, investigation reports (referring to G currency reports by reference persons), accusation documents, copies of real estate transaction contracts, copies of peremptory notices (proof of contents), certified copies of real estate register, copies of real estate contents approval, and copies of written agreements.

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