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(영문) 대전지방법원 2016.09.02 2015고단3435
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. Fraud;

A. The Defendant committed the crime against the victim C, while maintaining a friendly relationship with the victim C at D meetings around March 201. From May 201 to October 16, 2011, the Defendant borrowed the amount equivalent to KRW 8,450,000 from the victim to the victim, and as a security therefor, took three lots of land, such as Daejeon-gu, Daejeon-gu, Daejeon-si, on August 26, 201, Daejeon-si, Daejeon-si, and Helel building (hereinafter “I”) owned in the name of the victim and completed the registration of transfer of ownership on October 12, 201.

After all, the defendant, around November 2013, instructed the victim to pay the repayment, had the victim attend the victim's provisional registration of the victim's name as to the above I, which is necessary for the repayment of the loan during that period, and had the victim mind to acquire economic benefits by spreading the provisional registration under the victim's name.

Around November 2013, at a place where a location is unknown, the Defendant stated that “The Defendant, in order to raise a loan to a national bank, shall first exceed ownership in the JJ in order to obtain a loan from the victim at least KRW 1 billion.” The Defendant said that “The interest on the fisheries bank loan established in the Iel shall also be at least KRW 1 billion, and the loan shall be paid in excess of KRW 1 billion. In order to raise a loan to the national bank because it is not good credit.”

However, in fact, the defendant's transfer of ownership to the court of the Republic of Korea by the above method, and the defendant thought to use the funds necessary for the defendant, and there was no intention or ability to obtain additional loans to repay the borrowed funds from the victim.

On November 21, 2013, the Defendant: (a) by deceiving the victim; (b) transferred the right to claim the transfer of ownership from the victim on November 21, 2013; and (c) registered the transfer of ownership under the name of the Defendant’s wife; and (d) around January 15, 2014.

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