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(영문) 창원지방법원 2016.12.23 2016고단1109
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for the crimes of subparagraph 2016 high group 1109 and 2501 and by imprisonment for the crimes of subparagraph 201 high group 3537.

Reasons

Punishment of the crime

[Criminal Power] On July 3, 2015, Defendant A was sentenced to a suspended sentence of two years, etc. at the Busan District Court on October 10, 2015, and the judgment became final and conclusive on the 11st of the same month.

Defendant

B On May 26, 2016, the Busan District Court sentenced 8 months of imprisonment for fraud, etc., which became final and conclusive on July 26, 2016.

[2016 Highest 1109] Defendant A entered into a real estate sales contract with the actual owner of the land of 1150 square meters and 284 square meters and 231 square meters prior to the said JJ as he/she is the actual owner of the land in his/her own name and entered into a title trust contract, on January 22, 2014, with the content that he/she sells the said real estate in his/her sale price of 110 million won.

However, in fact, Defendant A did not have the authority to dispose of the said real estate until the repayment of KRW 25 million is made because Defendant A borrowed KRW 25 million to B and provided the said real estate as security and completed the registration of ownership transfer in G name.

Defendant

A, as seen above, deceiving the victim, thereby deceiving the victim from the victim on January 23, 2014, by remitting KRW 25 million as the down payment.

[2016 Highest 2501] Defendant B is a driver of Defendant B, and Defendant A borrowed another person’s name on September 2014 and obtained a second installment loan from the Defendants, and offered money by borrowing the difference between the difference and the purchase vehicle by means of disposal of other vehicles.

On September 15, 2014, the Defendants held that the Defendants are able to use the victim M in the “L” factory office located in Gangseo-gu Busan Metropolitan Government K or the victim “A is in need of a cargo vehicle to be used in the private gold-type factory operated by A, and the name will also be transferred to the corporation and the loan will also be succeeded to in the future of the corporation within one month from the date of lending the name of the vehicle.”

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