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(영문) 울산지방법원 2018.01.11 2017고단2127
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

The Defendant, as the owner of the building D and its ground (hereinafter “the instant real estate”), from June 27, 2012, received a loan from the relevant land (hereinafter “the instant closed site”) and paid KRW 190,000 per annum from the racing city (hereinafter “the instant closed site”). The said loan agreement is extended to the existing lender, barring any special circumstance.

The Defendant entered into a contract to sell the instant real estate in KRW 20 million with the victim F around October 2015 to the victim F, and the victim “The instant closed site was leased from the racing city and used the instant closed site. However, if the Defendant additionally paid KRW 15 million, he/she would be able to obtain a loan agreement and provide cooperation so that the instant closed site can be used by succession to the loan agreement.

“A false representation was made.”

However, even if the Defendant received KRW 15 million from the injured party, the Defendant did not have the intent to cooperate with the injured party so that he can succeed to the loan agreement, and the Defendant had been able to use the closed site of this case continuously with the extension of the loan agreement.

On the 14th day of the same month by deceiving the victim as above, the defendant got a delivery of KRW 15 million in the name of cooperation with the succession of the loan contract from the injured party in the South Saemaeul Credit Cooperatives located in the city of Sejong-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the police with respect to F (including sub-examination);

1. A copy of the contract for real estate trade, a copy of the ticket for viewing and viewing racing, a copy of the cadastral survey map, a copy of the loan contract for Do-owned property, a copy of a certificate of seal imprint, a copy of a report on succession to rights and obligations, a copy of the application for Do-owned property loan, a letter, a written plan

1. The Defendant was convicted of each investigation report, and the Defendant received 35 million won out of the purchase price of the instant real estate from the injured party, and the Defendant received the payment from the injured party.

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