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(영문) 전주지방법원 정읍지원 2015.06.02 2015고단133
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant sold 11/36 of the Defendant’s wife’s shares (hereinafter “one real estate”) and 25/53 of C’s shares (hereinafter “second real estate”) out of 106 square meters in 72 square meters in the land located in Go Chang-gun, Chang-gun, Jeollabuk-do, Jeollabuk-do, for the purchase price of KRW 24 million to the victim E.

At the time, the registration of seizure was completed on May 10, 201 with the right holder as of 10, 201, the real estate at the time was registered as of 10,000,000 won with the maximum debt amount of 70,000 won with the right holder as of 2nd real estate, and the registration of seizure as of 10,000 won with the right holder as of 2nd real estate and the registration of seizure as of 10,000,000 won with the right holder as of 10,000,000,000 won with the right holder as of 2nd real estate, to sell the said real estate by means of false statement that the victim would not purchase the said real estate, and the victim would have ordered the victim to cancel the registration of seizure and the registration of seizure as of 17, 2013.

On December 13, 2013, the Defendant concluded a sales contract with the victim for real estate and real estate Nos. 1 and 2 at the HD office located in Chang-gun, Jeollabuk-do, Jeollabuk-do, with a false statement to the effect that “The Defendant would cancel the registration of creation and seizure of the right to collateral security, which was made on real estate and real estate No. 1 and No. 2, until December 31, 2013,” with the victim.

However, the defendant paid approximately KRW 19 million for the secured obligation and KRW 3 million for the total amount of obligation for the registration of the establishment of the right to collateral security, which has been completed one time real estate due to the absence of any particular revenue or property, and there was no intention or ability to cancel the above registration, by paying a sum of KRW 19 million for the real estate and KRW 2.

Nevertheless, the Defendant received KRW 24 million from the victim as the purchase price on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1.As to I.

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