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(영문) 수원지방법원 2019.02.12 2018고단5822
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is the owner of Eunpyeong-gu apartment B apartment C, and the above apartment B subparagraph C was in a state of concluding a lease contract equivalent to KRW 450 million for the deposit, and there was a total of KRW 83.7 million for the maximum debt amount, KRW 61.2 million for the mortgagee Co., Ltd., the mortgagee of the right to collateral security, KRW 45.5 million for the collateral security amount, and KRW 19.4 million for the collateral security amount.

On July 9, 2017, the Defendant concluded a sales contract to sell the above apartment to 665 million won with the victim G around July 9, 2017, the Defendant concluded that “The Defendant would directly cancel the registration of creation of a mortgage in the amount of KRW 450 million, KRW 83.7 million, the amount of the maximum debt amount of the right to collateral security, KRW 83.7 million, the amount of the debt of KRW 594.9 million, the sum of the maximum debt amount of KRW 61.2 million, the mortgagee E, the mortgagee, and KRW 65.5 million, out of the remainder of the sales amount of KRW 70.1 million, the Defendant would directly cancel the registration of creation of a mortgage in the amount of KRW 5.5 million.”

However, the Defendant had no intention or ability to cancel the registration of establishment of the F's neighboring mortgage because the Defendant was in excess of his/her obligation at the time and was 60 million won from the victim, even if he/she was paid 60 million won out of the purchase price.

As such, the Defendant, by deceiving the victim, received 60 million won from the victim to the Hbank account under the name of the Defendant on the same day, and fraudulently acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A sales contract for an apartment (B apartment C);

1. Details of deposits (48 million won);

1. Full certificate of the matters to be registered in the aggregate building (B apartment C) and investigation report;

1. Recording records;

1. Application of investigation reports (verification of details of the use of the amount of damage);

1. The defendant, on the ground of the pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, and the sentencing of imprisonment with prison labor, set up on the victim's apartment.

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