(영문) 서울중앙지방법원 2018.01.31 2017고단5090

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자간(%)

(영문) 서울중앙지방법원 2018.01.31 2017고단5090

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On December 22, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud at the Seoul Central District Court for ten months, and the above judgment became final and conclusive on January 2, 2017.

[2] The criminal facts C, after borrowing the name of the building owner from the Defendant side, is the owner who acquired the ownership of this multi-household house on the ground of Jinjin-si and two parcels of land. The Defendant made a registration of the preservation of ownership in the name of the building owner on August 21, 2014, and made a registration of the transfer of ownership in the name of the Fund in the name of the Bank of Finance operated by the Defendant on September 24, 2014.

On September 13, 2014, the Defendant is the representative of E, the owner of a multi-household house in Korea, from 101 to 101 of the above multi-household house.

It will be leased to the Party B with the tax of KRW 60 million in all tax of KRW 201.

“.......”

However, the ownership of the above multi-household house was held by the above C, and C filed a lawsuit against the Defendant on August 26, 2013 for the purpose of completing the registration of preservation of ownership in its own name, and the dispute over ownership was continued, but the Defendant did not notify the victim of such circumstances.

The defendant deceivings the victim as above and received 60 million won under the name of the deposit money from the victim around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspects of the accused, E, H, or I by the prosecution;

1. A protocol concerning the interrogation of a suspect of the criminal defendant or E;

1. Statement of the police statement related to G;

1. A report on investigation (related to disputes over ownership of the building);

1. Details of transfer of deposit money;

1. The lease contract;

1. Lease contract;

1. Previous Records: Criminal history inquiry, reference materials (in the case summary information inquiry, text of judgment) [The defendant denies the criminal intent of defraudation of this case, but the deception as a requirement of fraud lacks the duty of trust and good faith that should be observed in the transactional relationship with property.

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