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(영문) 서울중앙지방법원 2020.09.16 2020고단1789
사기
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

The defendant is a person who actually operates C Co., Ltd. in the fourth floor in Gangnam-gu Seoul Metropolitan Government.

On December 23, 2017, the Defendant purchased 300 million won land from the Defendant’s office of the said agricultural company C Co., Ltd., the Defendant entered into a real estate sales contract with the victim with the purport that he/she shall succeed to the FF Bank loans of KRW 230 million on the said land and pay KRW 70 million to the victim. On the same day, the Defendant paid KRW 5 million as down payment to the victim on the same day.

After that, the Defendant did not pay the remainder of KRW 65 million until February 15, 2018, which is the date of the remainder payment. On June 4, 2018, the Defendant prepared a notarial deed of debt repayment contract with the effect that “The Defendant will first pay the remainder of KRW 51 million out of the remainder of KRW 65 million to the H office located in the third floor of Seocho-gu Seoul Metropolitan Government, and would also pay the remainder after receiving a loan of KRW 500 million if the ownership of the said land is transferred.” On the same day, the Defendant made a notarial deed of debt repayment contract with the effect that the Defendant would repay the remainder of KRW 14 million by August 4, 2018, and paid the same victim KRW 51 million on the same day.

However, the Defendant was a bad credit holder at the time and was not in good financial standing of the above agricultural company, and even if the ownership of the above land was transferred from the victim, there was no intention or ability to succeed to the loan obligation and pay the balance.

As above, around June 5, 2018, the Defendant, by deceiving the victim, obtained the registration of ownership transfer from the victim with respect to the above land under the name of the Agricultural Company C Co., Ltd.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes to a real estate sales contract, full certificate of registered matters, and notarial deed of a debt repayment contract;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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