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(영문) 서울남부지방법원 2019.05.22 2017고단6467 (1)
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

around July 3, 2012, the Defendant sold 3950 square meters of the total amount of H association’s maximum debt in the name of H association established in the said forest and land (hereinafter “E farming association”) to the victim D, at the office of a certified judicial scrivener located in Pyeongtaek-gun, Gangwon-gun, Gangwon-do, and at the time of selling 3,950 square meters of the forest in the Gangseo-gu, the Defendant’s “E farming association” owned by the Defendant to the victim D, and at the time of transferring the ownership of the said forest and land around November 8, 2012, the Defendant would cancel the registration of creation of a neighboring mortgage and the registration of creation of a neighboring mortgage of KRW 156 million of the maximum debt amount in the name of H association established in the said forest and land, and the maximum debt amount

In fact, the Defendant, at the time of receiving the above forest and land purchase amounting to KRW 250 million from the victim, but did not have any intent or ability to cancel the registration of the establishment of the above neighboring forest and land and to register the transfer of ownership on the date of promise. Nevertheless, the Defendant, by deceiving the victim as above, took the victim into account the price for the purchase of land; KRW 10 million around July 3, 2012; KRW 47 million around November 4, 2012; and acquired KRW 77 million in total by transfer from the JF’s account in the name of each E agricultural partnership; “The Defendant,” around March 27, 2015, borrowed KRW 20,000 from the Changwon-gun Office located in Gangwon-gun and KRW 10 million to the victim.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

Nevertheless, as above, the defendant deceivings the victim, and is also against the victim.

3. Around 28. 28. At the convenience store of Gangseo-si M, the recipient received cash of KRW 10,000,000.

Summary of Evidence

"2017 Highest 6467"

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (the I telephone conversation of the mortgagee);

1. All the matters to be registered;

1. Each real estate sales contract "2018 Highest 2550";

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. L.W.

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