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(영문) 서울서부지방법원 2020.04.08 2019고단3241
사기
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 2, 2018, the Defendant agreed to purchase B apartment C (hereinafter “instant apartment”) in order to purchase, and that “D shall create a lease on a deposit basis with the instant apartment and be paid KRW 35 million with the deposit amount from D,” and that “I will use the instant apartment to purchase the leased loan with the money, if you receive the lease fund, and then pay the loan later.”

In accordance with the foregoing agreement, around December 12, 2018, D visited the victim F office located in Seodaemun-gu Seoul Metropolitan Government to enter into a lease agreement with the victim. On December 13, 2018, the Defendant: (a) received the registration of ownership transfer on the apartment of this case from the victim office; and (b) stated that D, G, and the employees in the name of the victim office were to immediately cancel the senior collateral security right established on the apartment of this case, along with the remainder of money received under the above loan agreement.

However, in fact, if the victim borrowed the pre-paid fund to D, the Defendant was able to accept it from D and use it to repay other obligations of the Defendant, and there was no funds necessary to cancel the pre-paid mortgage in the apartment of this case. Therefore, even if the victim borrowed the pre-paid fund, the Defendant did not have the intention or ability to cancel the senior mortgage established on the apartment

Nevertheless, on December 20, 2018, the Defendant deceptioned the victim, and caused the victim to acquire it by deceiving the victim immediately from the F Office located in Seodaemun-gu Seoul Metropolitan Government to the corporate bank account (Account Number:H) in the name of the Defendant through the name bank account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Second police interrogation protocol regarding D;

1. Statement of the police officer to I;

1. Full certificate of the registered matters;

1. Contract for the creation of mortgage on chonsegwon; and

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