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(영문) 창원지방법원 2017.10.18 2017고단296
사기등
Text

The accused shall disclose the summary of the judgment of innocence.

Reasons

Public Prosecutor's Office

1. Fraud;

A. On January 1, 2009, the Defendant, via D, purchased the land of “A” to the victim E, and subsequently purchased the land of “A” to the victim E, and can impose a lot of money for sale.

section 3.

The loan of KRW 100 million will be paid KRW 200,000 after one year.

The purpose of “the lending of the said money was to make a false statement.”

However, the defendant did not have any intention or ability to pay the damages even if he borrowed the money from the injured party through D.

As such, the Defendant, by deceiving the victim, received the victim’s passbook from the victim who was deposited 70 million won around February 12, 2009 through D, and acquired the victim’s passbook from the victim on or around March 9, 2009, and acquired the total amount of KRW 12 million by remitting KRW 100 million around March 10, 2009.

B. On November 12, 2012, when the said victim was unable to receive KRW 100 million lent to the Defendant as stated in the preceding paragraph, the right to request the transfer of ownership was registered with respect to the 3,375 square meters of HH forest land at Kim Sea, where the ownership was completed in the name of the Defendant or the trustee G in the name of the Defendant or the trustee G.

On February 6, 2013, the Defendant may not sell the above land to the Defendant due to the registration of the fact that there is a person who wishes to sell the land to the Defendant at the seat of the office of management of Kim Jong-dong, Dongwon-dong, Kim Jong-dong.

First of all, a false statement was made to the effect that if a provisional registration is cancelled, it would return all the money borrowed from the above land.

However, even if the injured party cancels the registration of the right to claim the transfer of ownership of the forest above, the Defendant sold the forest above and did not intend to repay the existing loan money, and was planned to use the forest above as collateral.

On February 7, 2013, the Defendant: (a) by deceiving the victim and having the victim cancel the registration of the right to request the transfer of ownership of the forest above on February 7, 2013; and (b) obtained pecuniary benefits equivalent to KRW 100 million, which is the value of the right to be preserved for the provisional registration.

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