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(영문) 인천지방법원 2018.07.12 2017고단8333
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 16, 2015, the Defendant decided to purchase from C the F commercial building Nos. 401 and 402 from the office of the Defendant, Nam-gu, Incheon, Seoul, to purchase the F commercial building No. 401 and 402 in the name of his wife E.

The total purchase price shall be KRW 440 million, and the remainder shall be paid to the victim with the down payment and the remainder of KRW 20 million, and with respect to the remainder of KRW 420 million, the Defendant entered into a sales contract with the content that the Defendant succeeds to the debt (the maximum amount of KRW 5.4 million, the actual debt amount of KRW 420 million, and the actual debt amount of KRW 420 million) of the victim who suffered from the right to collateral security has already been established on the said real estate, and the Defendant paid the balance to C by October 20, 2015, which is three months after the date of the first establishment of the right to collateral security in the above commercial because the business fund, etc. is required, and the ownership of the commercial building is completed.

From the date of the sales contract, it is also possible to pay interest on the loans of the cooperatives in the amount of drones after the sales contract.

“.....”

However, even if the defendant provided the above commercial building as security to other creditors and borrowed money, he did not have any intent or ability to transfer ownership by paying the balance to C until the period of promise due to financial shortage, etc.

Nevertheless, on July 17, 2015, the Defendant, by deceiving C as such, delivered C with KRW 13 million as down payment, and caused C to register the establishment of the right to collateral security at the above commercial building in the name of G, a creditor of the Defendant, with the maximum amount of KRW 100 million, and borrowed KRW 40 million as security, thereby acquiring pecuniary benefits equivalent to that amount.

2. On July 29, 2015, the Defendant decided to purchase land in Incheon Dong-gu I and J 2, in which C was owned by the victim H in the said D office.

The purchase price shall be KRW 150 million, and 40 million shall be paid to C with the down payment and the remainder, and C shall be 30 million won paid as the down payment and 30 million won paid as the down payment.

C The E-mortgage of wife E.

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