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(영문) 서울중앙지방법원 2013.10.28 2013고단3633
사기등
Text

Defendant

A Imprisonment for two years, Defendant A’s imprisonment for eight months, and Defendant C Q for ten months, respectively.

(b).

Reasons

Punishment of the crime

Defendant

A sentenced to six months of imprisonment for embezzlement, etc. at the Busan District Court on October 31, 2008, and completed the execution of the sentence at the Busan District Court on November 18, 2008, and on May 27, 2010, at the Daegu District Court sentenced six months of imprisonment for fraud, and completed the execution of the sentence at the Daegu District Court on July 19, 201.

[2013 Height363] - Defendant A

1. On November 1, 2009, the Defendant violated the Act on the Registration of Real Estate under Actual Titleholder’s Name: (a) requested the CU, which was the land owner who was trying to purchase the above apartment under another person’s name, to introduce the title holder who will complete the registration of ownership transfer of the above apartment; and (b) requested CV, which was introduced from the friendship, to the effect that “If the title of the apartment to be purchased is leased, 10 million won will be paid in consideration of the title of the apartment to be purchased,” and (cV had CV completed the registration of ownership transfer under the name of CV on December 1, 2009 at the Busan District Court of the Busan Northern District Court of the Busan Northern District on December 1, 2009.

Accordingly, the Defendant instigated CV, a title trustee, and had the real right to real estate registered under the name of the title trustee according to the title trust agreement.

2. Around December 2, 2009, the fraud Defendant: (a) in the Busan metropolitan building, the victim CV borrowed a car with the amount of KRW 5 million from the money to the victim CV “on the mortgage of the car; and (b) provided a loan of KRW 5,00,000,000,000 to the money, the Defendant was making a false statement to the effect that “the Defendant would have to collect the car with the money and to pay the borrowed money.”

However, the defendant did not have the intention or ability to repay the money even if he borrowed the money from the victim due to the financial situation of borrowing the money as security.

As above, the Defendant, by deceiving the victim as above, obtained five million won from the victim and acquired it by fraud.

[2013 Height58] - Defendants

1. Defendant A’s crime.

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