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(영문) 대구지방법원 2017.02.10 2015고단6394
사기
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the point of fraud on December 9, 201 and April 19, 201.

Reasons

Punishment of the crime

1. On March 10, 201, the Defendant entered into a sales contract with the victim H (I before the victim’s mother) in G office located in Daegu-gu, Daegu-gu, Cheongdo-gun, with the amount of KRW 350 million in total of the purchase price of each land of K, L, M’s buildings and land, N, andO owned by the victim’s mother, and paid KRW 90 million on April 8, 201 as part of the purchase price.

After that, the defendant shall obtain a loan as security from the victim, and the permission for diversion shall also be obtained, and if so, he/she shall obtain a loan as security, set the second priority collateral security, and pay the balance within one month after the permission for diversion of land.

“A false representation was made.”

However, the Defendant had no intent to pay the balance of the purchase price with the loan even if he received the registration of transfer of ownership and received the loan as a collateral, and at the time, the Defendant was a bad credit holder, and there was no particular source of revenue, and there was no ability to pay the balance of the purchase price within the agreed date.

On April 8, 2011, the Defendant: (a) by deceiving the victim; (b) received the registration of transfer of ownership of each of the above real estate in the name of P designated by the Defendant on April 8, 201 from the injured party; and (c) received the loan of KRW 275 million as security; and (d) paid the victim KRW 100,000,000,000 to pay the remainder of the purchase price; and (b) acquired the pecuniary

2. On April 28, 201, the Defendant who borrowed KRW 30 million by phone to the victim on April 28, 201 and “I have good land now.”

The principal and interest will be repaid within one week if one lends money only because it can be punished for money.

“A false representation was made.”

However, at the time, the defendant was a bad credit holder, and there was no particular revenue source, and the financial situation was difficult, so even if he borrowed money from the injured party.

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