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(영문) 울산지방법원 2020.08.18 2018고단3062 (1)
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a building-day worker.

Around April 27, 2017, B, which had a close relationship with the Defendant, paid KRW 10 million as a down payment by entering into a sales contract with the victim’s “B” and the buyer’s “one other than B” with the purchase price of KRW 380 million (the purchase price of KRW 10 million, the intermediate payment of KRW 320 million, the remainder payment of KRW 50 million, the purchase price of KRW 50 million, and the intermediate payment and the remainder of the purchase price of KRW 320 million, the outstanding loan of KRW 50 million, and the outstanding loan of KRW 320,000,000,000,000 from the new loan of the instant real estate as security.

However, as the defendant cannot get a loan under his own name, the defendant was found and the defendant asked to lend the loan debtor's name, and the defendant accepted it.

On May 27, 2015, B, along with the Defendant, prepared a sales contract with the victim C as “A” for the instant real estate, with the purchaser as “A,” and with the purchase price as “70 million won,” and the third party also filed an application for a loan with the lender of the right to collateral security as “A” and “C, with the lender of the right to collateral security as “C, with the amount of loan application, KRW 380 million.”

B In the above manner, B did not complete the registration of ownership transfer even though the victim demanded several times for more than two years, even though the victim received a loan of gold KRW 380,000,000 and paid the intermediate payment and remainder to the victim.

Around July 2017, the Defendant requested to deliver documents necessary for the registration of transfer of ownership, such as a sales contract, so that B may contact the victim and complete the registration of transfer of ownership under the name of the Defendant with the knowledge that B did not complete the registration of transfer of ownership of the instant real estate. The victim prepared a sales contract with the Defendant as the buyer, and the name of the Defendant.

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