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(영문) 서울중앙지방법원 2020.05.19 2018고단2144 (1)
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant, based on the fact that the victim B (the age of 82) shows symptoms of dementia in the aged, so far as he disposes of a total of 32,355 square meters of land in the Jung-gu Daejeon Special Metropolitan City, Daejeon Special Metropolitan City, etc. (hereinafter referred to as the “Segu Special Metropolitan City”) 14 square meters (hereinafter referred to as the “Segu Special Metropolitan City”) owned by the victim, he was able to use the land of Daejeon

On July 21, 2015, the Defendant, at the victim’s house located in Jongno-gu Seoul Metropolitan Government D apartment E, accessed the victim with F, who is the victim’s seat and sold the Daejeon land, and made a written contract to sell the land at KRW 4.5 billion with the seller and G (stock company H) as the purchaser. On August 31, 2015, the Defendant introduced the Daejeon land as a construction company related person to develop the Daejeon land at the same place as the purchaser, and introduced the debtor to the Daejeon land as a construction company related person to develop the Daejeon land, the Defendant, the creditor, and the maximum debt amount of KRW 250,000,000, and presented it to the victim, “The Defendant may sign this document and obtain a registration certificate and a certificate of the personal seal impression as a lump sum payment.”

However, in fact, the defendant thought that he would use the Daejeon land as a collateral, and since the above contract was unrelated to the payment of the purchase and sale balance of the Daejeon land, the victim did not have the intention or ability to make the payment of the balance of the Daejeon land to the victim even if he signed the above contract and signed the certificate of the right and the certificate of the seal impression.

The Defendant, on the same day, signed the “right-holder of a mortgage” column, and provided I with a certificate of personal seal impression and registration right certificate to the victim, had the victim set the right-mortgage of KRW 250 million on the Daejeon land. The Defendant was loaned KRW 150 million from I as security.

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