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(영문) 대전지방법원 2018.02.08 2017고단643
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged stated as follows: (a) the Defendant: (b) at the top of the lower police station on March 2014, the victim D (at the age of 60), that “it was defective that the Defendant would purchase the E field 79 square meters in the Gunsan Simsan and to make a registration in installments in the joint name of 50% of the shares, with the share of KRW 45 million.”

However, in fact, even if the defendant purchased the land, he did not have the intention or ability to register the land in the joint name by 50%.

Nevertheless, the Defendant deceiving the victim as above and received KRW 30,120,000 from April 10, 2014 to June 17, 2014 from the injured party, but completed the registration of transfer of ownership in the name of the Defendant, and thereafter completed the registration of transfer of ownership in the name of the Defendant’s child F around April 17, 2015.

Accordingly, the defendant deceivings the victim and acquired 30,0120,000 won.

2. As to the facts charged of this case, the Defendant: “The Defendant and the injured person agreed to jointly purchase the E 79 square meters in Sinsan-si E (hereinafter “the instant land”) by investing 50% in 50% each other; and, in the course of lending the instant land as collateral for the payment of the balance, if the injured person is a bad credit holder and is registered as a co-owned share, it would not be easily loaned from the financial institution; first, under the agreement with the victim, the Defendant made a registration of the transfer of ownership under the name of the Defendant’s sole name, and then purchased the instant land after receiving a loan under the name of F, which is the Defendant’s child, and then, the Defendant subsequently purchased the instant land by receiving the above documents from the injured person to visit the H judicial scrivener office to make a division under the name of the victim’s father designated by the injured person. However, it is difficult for the said certified judicial scrivener to divide the instant land into the instant land, and the victim’s succession to the land in the entire name of G.”

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