(영문) 의정부지방법원 2015.01.21 2014고단1709

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(영문) 의정부지방법원 2015.01.21 2014고단1709

사기

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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant suggested that E, the owner of the above D gas station, who is the owner of the D gas station in Spocheon City, repaid some debt with the above D gas station as collateral and used it as business funds. However, E opposed to E, the purchaser was found, and only passed the name of the ownership transfer registration of the above D gas station, and was willing to borrow money as collateral for the above D gas station.

On June 2013, the Defendant made a false statement to the victim E at the above gas station office, stating that “The Defendant would settle the documents regarding the sale of gas station due to the purchaser of the gas station, 220 million won, and the obligation of KRW 140 million, and the obligation of KRW 140 million, and would make the remainder of the purchase price.”

However, the defendant, after transferring the name of the gas station to another person, borrowed money as collateral for the gas station and thought to use it, but did not have the intent or ability to pay the purchase price to the victim by selling the gas station to the truth.

Nevertheless, on June 2, 2014, the Defendant, by deceiving the victim, received documents necessary for the purchase of the said D gas station from the victim, and transferred the ownership to the said D gas station in the name of F on June 3, 2013, and obtained the above F financial gains equivalent to KRW 160 million in total of the market price, excluding the liabilities for collateral security and the obligation for deposit, and caused damages equivalent to the same amount to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The witness G’s legal statement [a statement to the effect that, with respect to the SSK’s oil payment obligation, the Defendant’s mother-owned land was loaned and repaid, not the instant gas station, or that, if not, the ownership was transferred to the victim, and that, in the purchase price of the instant gas station, the remaining amount on which the obligation was settled was flicked to the victim to be paid to the victim

1. Prosecutions against the Defendant.

유사 판례

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-의정부지방법원 2015.06.03 2015노412

-창원지방법원 2016.11.16 2016노2255

-창원지방법원 2014.07.11 2013고단2089

-수원지방법원 여주지원 2015.01.30 2014고단902