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(영문) 인천지방법원 2018.01.19 2017고단4030
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 11, 2013, the Defendant was a person who leased and resided in the area of KRW 120 million,00,000,000,000,000,000,000,000,000,000,000.

On July 2015, the defendant would purchase the above apartment from the victim who is asked to purchase the above apartment in the F hotel located in the Namdong-gu Incheon Metropolitan City E in order to purchase the apartment in KRW 200 million.

Of the deposit of the Jeonsese deposit of KRW 120 million which was already paid, the defendant's loan of KRW 96 million that was received from Hyundai Capital will be held liable for the transfer of ownership and redemption.

A false statement was made.

However, the defendant did not have the ability to repay the above lease loan even if he acquired ownership of the above apartment from the damaged party due to excessive debt such as existing loan and credit card payment.

Nevertheless, the Defendant had taken over the registration of the transfer of ownership of the above apartment in an amount equivalent to KRW 200 million on September 15, 2015 by deceiving the victim and deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A certified copy of real estate register, a copy of apartment lease contract, or a copy of real estate sale contract;

1. Written consent to the establishment of a pledge, a copy of a certificate of deposit for lease, and a copy of account transaction;

1. In light of the following circumstances, as stated in the judgment below, a copy of the ruling of compulsory auction on the real estate of the original state branch of the Chuncheon District Court, a copy of the decision of compulsory auction of the real estate of the original state branch of the Chuncheon District Court, a copy of the certificate of repayment remittance, and a copy of the confirmation letter [the evidence duly adopted and investigated by this Court] can be comprehensively considered, the Defendant may recognize the fact that the Defendant, as stated in the judgment in the judgment below, is liable for the transfer of apartment ownership to the victim with the intention to acquire the ownership of the apartment without the intention or ability to repay the loan money,

(1) A victim shall be present at this Court.

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