(영문) 서울동부지방법원 2014.08.22 2014고정1115

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2014.08.22 2014고정1115

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 29, 2012, the Defendant was the owner of Suwon-si Office B 1421 officetels, and the victim C was the lessee who entered into a lease contract with the Defendant by paying KRW 100 million to the said officetel.

On April 9, 2010, the Defendant created a right to collateral security to the above officetel and borrowed KRW 100 million to the Dobong Saemaeul Fund. On April 9, 2010, the Defendant was notified of his/her intention to commence a voluntary auction to the above officetel from the Seocho Saemaeul Fund because he/she failed to pay interest on the loan, and had the victim sell the above officetel and have the victim take over the loan obligations.

On July 4, 2012, the Defendant concluded a sales contract with the victim by setting the amount of KRW 180 million at the certified judicial scrivener office located in Suwon-si, Suwon-si, the Defendant concluded a sales contract by stating that “The principal and interest of the loan of KRW 150 million shall be received, and the security deposit of KRW 100 million already paid shall be paid in full, but the difference between the Plaintiff and the Plaintiff shall be paid KRW 25 million every month.”

However, the Defendant had no property, and was liable for a total of KRW 60 million, including a loan obligation of KRW 21,540,000,000 to our social company, and there was no occupation to earn income. Therefore, the Defendant did not have the intent or ability to repay the amount to KRW 1,00,000 per month to the victim for 25 months.

The defendant sold the above officetels to the victim, had the victim take over the loan obligation of KRW 15 million, and did not fully pay the difference of KRW 25 million to the victim.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement regarding C;

1. Investigation report (to hear statements made D) (for reference;

1. The whole tax of an officetel;

유사 판례

-수원지방법원 성남지원 2017.01.12 2016고단3079

-울산지방법원 2018.11.22 2018고단1117

-서울중앙지방법원 2017.09.27 2015가합515986

-서울남부지방법원 2015.05.28 2015고단203

-광주지방법원 2018.05.15 2017가단525826