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(영문) 부산지방법원 동부지원 2017.01.18 2016고단2329
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, on November 28, 2014, borrowed KRW 30 million from C and two other, the mother of the Victim B, and agreed to repay KRW 50 million within two months, but failed to repay the said debt within the agreed date.

Accordingly, on April 8, 2015, the victim asked D through D about how to pay the sum of 57 million won principal and interest at the trade in French-dong, Busan, and the defendant, if the due date is extended by April 30, 2015, he/she shall pay the due date within the same period, and if he/she fails to pay by the due date, he/she prepared a letter of payment to transfer F loan No. 101 Dong 501, 301 newly constructed in Nam-gu, Busan, and the defendant failed to pay the above debt by April 30, 2015.

On May 7, 2015, the Defendant talked about the repayment plan for the obligation of KRW 57 million to the victim at the H office operated by the injured party in Nam-gu Busan metropolitan area, and the Defendant would take over ownership by receiving the amount of KRW 30 million if the completion of construction falls off with the FF loan No. 101 Dong 501, which is currently being used to pay the money in lieu of the Defendant.

Around May 8, 2015, on the one hand, the victim believed the Defendant’s horse at the trade in French coffee shop located in front of the Busan District Court located in Busan District Court, confirmed that he/she fully repaid the Defendant’s debt of the above KRW 57 million, and issued the Defendant a sale contract for F loan No. 101 Dong 501 to the victim.

However, in fact, the contract for the sale in lots issued by the Defendant to the victim was merely issued and delivered by requesting that the Defendant borrow KRW 30 million from the actual construction owner of the above FD to make an investment in other businesses. Since the Defendant requested that the above 101 Dong 501 be entrusted as security, even if the permission for the completion of the above loan was granted, the Defendant transferred ownership after receiving KRW 30 million from the injured party.

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