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(영문) 서울동부지방법원 2016.06.30 2015고단3754
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On May 20, 2005, the Defendant, along with the victim, purchased KRW 611,00,000,000 for D forest land 4,299 square meters (hereinafter “the forest of this case”) from E in Sungsung-si, in order to bear half of the purchase price, and to own one-half of the shares in the forest of this case. The Defendant, first of all, maintained the registration of transfer of ownership in the name of E, and provided for the acquisition of ownership in the name of the Defendant if the resale is not possible.

On July 7, 2006, the Defendant and the victim registered the transfer of ownership in the name of E, respectively, to secure damages that may arise while keeping the registration of the transfer of ownership in the name of E, the Defendant and the victim respectively, and the debtor registered the establishment of the right to collateral with the maximum amount of claims KRW 500,000,000.

Around April 14, 2009, the Defendant and the victim registered the transfer of ownership of the forest of this case to the Defendant, in order to not resell the forest of this case.

In this regard, the first instance court rendered a judgment on January 18, 201 to the effect that the Defendant would pay the victim KRW 305,500,000 and interest thereon to the victim on November 16, 201, when there was a dispute over the distribution of shares in the instant forest, etc. between the Defendant and the victim, the victim filed a lawsuit against the Defendant for the claim of return of unjust enrichment by the Suwon District Court 2012, which was about 15032 with respect to the instant forest. On January 18, 2013, the Defendant appealed to the Defendant, and the appellate court was proceeding under Seoul High Court 2013Na15687.

The Defendant, around 14:00 on July 15, 2013, at the 20 Civil Mediation Office of the Seoul High Court located in Seocho-gu Seoul Seocho-gu, Seocho-gu, Seoul High Court (Seoul High Court), “The Defendant is bound to pay the Defendant money with the Defendant’s loan from the bank as collateral because there is no money to be paid at present. Therefore, upon cancelling the registration of the establishment of the right to collateral security established on the forest of this case, the Defendant would pay the money

“A false representation was made.”

However, the defendant loans the forest land of this case as security.

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