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(영문) 서울중앙지방법원 2017.12.21 2016고단7869
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the owner of the Jongno-gu Seoul Metropolitan Government building (hereinafter referred to as the “instant building”).

On December 20, 2015, the Defendant made a false statement to the effect that “The instant building may be transferred to its name without any problem,” to the victim F F, who is willing to purchase the instant building at the E authorized intermediary office located in Jongno-gu Seoul Metropolitan Government D D D D D D D D building, with multiple types of establishment of collateral security rights on the instant building, and the actual amount of debt is much less than the amount of debt as the collateral security right was established in Gnna in the inside and outside of the building, and the documents for termination of collateral security are prepared in the attorney’s office.”

However, in fact, the Defendant, as the mortgagee of the instant building, was in progress with Luxembourg Co., Ltd. (hereinafter “Luxembourg”), due to the contractual obligation relationship. Accordingly, all documents on the termination of the neighboring mortgage were not prepared. In fact, the Defendant did not resolve all the contractual obligation relationship with Luxembourg on the remainder of the sales contract for the instant building with the victim, and thus, did not terminate the right to collateral security established on the instant building.

Nevertheless, around December 20, 2015, the Defendant: (a) deceiving the victim as above; and (b) executed a sales contract on January 20, 2016 between the victim and the building of this case, KRW 1.69 billion; and (c) KRW 25 million, among which the money was transferred to the account in the name of H, the Defendant’s ASEAN; (b) deposited the remainder of KRW 75 million in the office of a certified brokerage until the remainder; and (c) concluded a sales contract on January 20, 2016, with the remainder of KRW 1.5 billion; and (d) concluded a sales contract on January 20, 2016.

In addition, on December 20, 2015, the date of the contract pursuant to the above sales contract, from the victim on December 20, 2015, the Defendant was transferred KRW 25 million out of the down payment to the foreign exchange bank account under the name of the Defendant H.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, I, J, K, L, M and N;

1.Each.

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