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(영문) 서울남부지방법원 2019.07.12 2019고합51
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant and the victim B inherited the ownership of 1/2 of the 14,618 square meters of the 12,305 square meters of Goyang-gu, Soyang-gu, Soyang-gu, Soyang-gu, the name of the deceased (hereinafter “the deceased”), and 1/2 of the 12,305 square meters of the E forest in Goyang-gu, Soyang-gu, Soyang-gu. The Defendant and the victim (hereinafter “the instant real estate”). At the time, the Defendant inherited the ownership transfer registration under a title trust with the victim’s inherited real estate on May 13, 1998, as a result of inheritance.

After that, the Defendant had concerns over the occurrence of the problem of division of property due to divorce around 2004, and agreed with the victim on March 12, 2004, determined the maximum debt amount of the instant real estate as one billion won, the debtor, the defendant, and the victim of the right to collateral security, and completed the establishment registration of the neighboring mortgage.

After that, on March 23, 2018, the Defendant made a false statement with the content that “When part of the instant real estate is scheduled to be incorporated into a road, if the right to collateral security is established, it shall not be paid from the Goyang-si.” In addition, if the right to collateral security is terminated, the Defendant would receive the compensation and distribute the right according to the share after the distribution of the compensation, and transfer the right according to the share after the distribution of the compensation.”

However, even if the registration of the establishment of a mortgage in the above victim's name was cancelled, the defendant did not have a plan to transfer ownership as much as the inheritance shares, and even if the defendant was to receive compensation for land expropriation from Goyang-si, there was no plan to pay to the victim according to the inheritance shares.

As such, the Defendant, by deceiving the victim as such, had the victim cancel the registration of the establishment of the above real estate located in the Goyang-dong District Court 38-30, Goyang-dong District Court 38-30, 1275, Goyang-dong, Seoyang-dong on March 26, 2018.

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