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(영문) 광주지방법원 2017.10.25 2016고단5245
사기
Text

Defendant

Punishment B shall be ten months of imprisonment.

Defendant

A is not guilty. The summary of the judgment of not guilty.

Reasons

Punishment of the crime

A as the representative of I and J, is a person who has constructed L-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

1. A borrowed an amount equivalent to KRW 1.35 million from around 2008 to around 2012 from the victim M. A, on August 9, 2012, under the condition that the injured party takes over the obligation to return the deposit money to L apartment bonds 23 newly built by himself/herself, he/she transferred the ownership, and the victim was given a full payment by May 31, 2013, with the remainder of the debt with the victim as KRW 260,000,000,000.

However, A did not comply with the repayment commitment, and A transferred the ownership of 10 households of the above L apartment (Nos. 301, 305, 501, 505, 601, 701, 705, 801, 901, and 905) to the O, a living partner of the defendant B, and the victim was the creditor of the above 260 million won as the creditor of the above 10 households on August 19, 2014, on the ground that the above 10 households were subject to the claim for cancellation of the ownership transfer registration of the remaining nine households except for 705 units of the above 10 households on September 1, 2014.

A around January 2015, on the condition that Defendant B will grant one household of the above main apartment unit, which will be completed in the future, to Defendant B requested provisional disposition. Accordingly, Defendant B, around January 21, 2015, ordered the victim to make a provisional disposition against the 10 households of the lst apartment and to normalize the construction site of the K main apartment with a loan as security and to complete the construction in the future, at around January 21, 2015, KRW 224,200,000,000 in the market value, and the remainder of KRW 40,000 shall be paid in cash.

“.....”

However, Defendant B did not have the intent to pay 40 million won to the victim, and Defendant B did not bear limited real rights with respect to one of the above main apartment units.

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