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(영문) 의정부지방법원 2018.01.16 2016고단5301
사기
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On February 15, 2014, the Defendant did not have any particular property at the time and purchased the 4th floor room building and site located in the E and F couple G from the victim E and F couple at the time of the Government-si from the victim E and F couple, but did not have an intent or ability to pay the price according to the agreement, the Defendant would purchase the above studio building and site from the victims at KRW 850,000,000,000.

First of all, the bond company established a collateral security with H to lend the down payment of KRW 200 million to him/her, and settle the tax amount of KRW 30 million attached to the above studio building, and use the remaining money.

The interest and principal of the bonds are paid in full.

The remaining balance of 450 million won after deducting 300 million won as the one has been paid for the above stud lease. The first registration of transfer of ownership on the above studio building is completed, and the building is provided as security within 3 months on the face of the week to receive additional loans.

”라고 거짓말하여 이에 속은 피해자로 하여금 2014. 2. 14. 위 원룸 건물에 관하여 채권 최고액 3억 원, 채무자 A, 근 저당권자 H로 된 근저당권 설정 등기를 경료 하게 하고, 2014. 3. 5. 위 원룸 건물에 관하여 소유권 이전 등기를 경료 받아 4억 5,000만 원 상당 [4 억 5,000만 원 ≒ 부동산 시세 (8 억 5,000만 원 ~ 9억 원) - 보증금 3억 원 - 세금 3,000만 원 - 계약 금 1억 원] 의 재산상 이익을 취득하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E;

1. Investigation report (report attached to certified copies of donations, such as donations);

1. Investigation report (report attached to data submitted by a complainant), details of search of auction cases on the studio buildings and sites of this case, list of dividends on auction, details of leasing, current status of surrendering, etc.;

1. The real estate transaction contract [the defendant and the defense counsel denied the criminal intent of defraudation, but the following facts recognized by the above evidence are normal due to bad credit standing.

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