(영문) 수원지방법원 안산지원 2018.08.29 2018고단1430

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(영문) 수원지방법원 안산지원 2018.08.29 2018고단1430

사기

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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 8, 2017, the Defendant entered into a real estate sales contract with the victim E and the victim’s KRW 400 million on March 8, 2017, and the remainder KRW 1.7 billion on May 30, 2017, regarding the amount of the down payment of KRW 1.7 billion on the part of the victim E and the victim’s Suwon-si, the Defendant would make a cancellation of the right to collateral security by paying a down payment to G with the bond company having the high seas as collateral and paying the secured debt by May 10, 2017.

If it fails to comply with the cancellation promise of the past mortgage, 50 million won will be compensated.

“.....”

However, the defendant merely thought that he will use part of the money for personal purposes when he borrowed money from a bond company due to the provision of collateral by the victim, and did not have the intent or ability to normally perform a real estate sales contract with the victim, and there was no intention or ability to cancel the collateral by repaying the secured debt of the right to collateral security established on the land until May 10, 2017 as agreed by the victim.

On March 10, 2017, the Defendant, by deceiving the victim, had the victim acquire the pecuniary advantage equivalent to the difference by having the debtor set up a collateral security right on the land owned by the victim with the amount of KRW 513,00,000,000 for Defendant, the mortgagee G, and the maximum amount of the claim amount as KRW 513,00,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of E in the police interrogation protocol concerning the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes, such as real estate trading contracts and performance notes;

1. Article 347(1) of the Criminal Code applicable to the crime of this case (the defendant has the same criminal record as the defendant of 1997 and each suspended sentence of 2012, and the defendant committed the crime of this case with the aim of gaining profits by resale of the real estate of this case, and the purchase fund shall be raised.

참조조문

-형법 제347조 제1항

유사 판례

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-서울북부지방법원 2017.01.25 2016고단4003

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