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(영문) 대전지방법원 2017.09.28 2017고단1065
사기
Text

A defendant shall be punished by imprisonment for two years.

The defendant pays to the applicant the amount of KRW 230,000,000,000.

Reasons

Punishment of the crime

On August 31, 2015, the Defendant, along with I, was willing to operate a Korea Council member after purchasing 103, 104, and 202 of the Daejeon-gu J building 103, 104, and 202 owned by the victim D, and on August 31, 2015, the Defendant was planning to operate Korea Council member with the purchase of Korea Council member.

Down payment of KRW 80 million and intermediate payment of KRW 540 million were paid with a loan to a building as security, and the victim’s false statement was made that the remainder KRW 180 million would be paid up to March 3, 2016 upon receipt of a joint-use loan.

On September 2, 2015, the Defendant obtained a loan of KRW 620 million from the Hongdo Saemaul Undong Cooperative as security, and paid KRW 540 million among them to the victim as a down payment and intermediate payment, and requested the victim to request the registration of ownership transfer because it is necessary for the business operator and the joint loan.

However, it is not possible for the defendant to get a loan to the doctor for the establishment of a hospital due to the relationship that is not an oriental medical doctor, and there is no intention or ability to pay the balance because there is no particular property other than the payment of the down payment and the intermediate payment with the security loan even if the building was purchased.

The Defendant received documents related to the registration of ownership transfer from the injured party, and completed the registration of ownership transfer on October 5, 2015 with respect to the above building Nos. 103 and 104, and on November 10, 2015, the Defendant completed the registration of ownership transfer on the above building Nos. 202.

After all, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness D, K, L, and I (Provided, That the witness I shall make a partial statement);

1. Statement made by the police against M;

1. Certified copies of each real estate register, trade contract, process certificate, certificate of contents, investigation report (the notice of the decision on disposal of real estate, the statement of asset specification, account details), investigation report (N currency of one member) and investigation report (suspect A.

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