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(영문) 전주지방법원 군산지원 2016.12.14 2016고단439
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 3, 2010, the Defendant purchased KRW 542 square meters in Pyeongtaek-si E, forest land (hereinafter “instant land”) in the name of KRW 215 million from C, and completed the registration of ownership transfer in the name of F on December 10, 2010. On April 10, 2012, C completed the registration of ownership transfer in the name of F, and provided the Defendant’s real property as security by completing the registration of establishment of mortgage (hereinafter “instant collateral security”) with respect to KRW 45 million in relation to the Defendant’s obligation to be paid to the Victim G.

When the victim was unable to repay his/her debt from the actual debtor C, on May 28, 2013, he/she applied for a voluntary auction with the claim amount of KRW 50,850,000,000,000,000,000,000,000,0000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00,00,

On March 24, 2014, the Defendant continued to pay KRW 15 million to the victim at the branch office of Pyeongtaek-si, Seo-dong 800, Pyeongtaek-dong, Pyeongtaek-dong, which, “I will first pay KRW 15 million to the cancellation of the above-mortgage, and will obtain a loan as security until April 30, 2014, and repay the remainder of KRW 26.6 million to the loan.” The Defendant, who signed the name and seal of the Defendant on the joint guarantor column of the payment note stating the above contents, and then delivers it to the victim after signing the name and seal of the Defendant on the part of the joint guarantor column of the payment note. On the other hand, if the collateral of this case is cancelled, the amount of the loan received and the remainder of the debt will be paid.

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