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(영문) 수원지방법원 여주지원 2018.09.07 2018고단186
사기
Text

Defendant shall be sentenced to six months of imprisonment and one year and three months of imprisonment with prison labor for the crimes of 1.3 and 2.

Reasons

Punishment of the crime

On June 21, 2012, the Defendant was sentenced to four months of imprisonment for a crime of fraud at the Suwon method sources, and the judgment became final and conclusive on August 29, 2012, and the execution of the sentence was terminated on August 29, 2012. On March 10, 2017, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the Suwon method sources, and the judgment became final and conclusive on May 12, 2017.

1. On May 13, 2009, the Defendant against the Victim B purchased the Victim B with the G office located in Gyeonggi-si, Yangyang-gun, Gyeonggi-si, which is currently being developed, for KRW 100 million. In order to ensure the transfer of ownership in the future, the Defendant would prejudice the provisional registration of the right to claim the transfer of ownership against the said land and make the principal registration after the completion of the development.

“The purpose of “ was to make a false statement.”

However, in fact, the Defendant: (a) borrowed KRW 20 million from F and KRW 200 million from G to purchase the land of H class, including the above E; and (b) bears the obligation to establish senior collateral on the land of H class including the above E in order to secure the above debt; (c) there was no intent or ability to establish provisional registration on the right to claim for transfer of ownership in the highest priority order to the victim; and (d) at the time, the Defendant did not have any intention or ability to transfer the full ownership to the victim after cancelling the right to collateral security established in the name of F and G because there was no particular property or income.

Nevertheless, the defendant deceivings the victim as above and acquired 100 million won as the purchase price of the land from the damaged person in the same place (I, check number J).

2. On December 15, 2010, the Defendant against the Victim K owned the Victim K a house with a high-quality housing site for the Hump for both documents in Gyeonggi-gun, Gyeonggi-gu, Seoul-si, Seoul-si, with a little obligation, the land was sold by auction.

However, N, the owner of the land, is an auction.

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