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(영문) 서울중앙지방법원 2016.05.25 2016고단80
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who operates F, which is a movable company of planning department, and is a person who is a re-power that promotes apartment sales business in ChuncheonO.

On February 24, 2011, the Defendant purchased Q apartment 102 Dong 2103 (hereinafter “instant apartment”) from the victim P to purchase KRW 1.236 million in the Dongjak-gu Seoul Metropolitan Government Q apartment 102 Dong 2103,00,000, and transferred the registration in his name, and paid the remainder of KRW 650,000,000,000 in the instant apartment as the amount loaned by establishing a right to collateral security on the instant apartment in order to secure the payment of the remainder, the Defendant had established the right to request the victim to transfer the ownership of the instant apartment in order to secure the payment of the remainder. However, upon receiving a demand for payment from the victim’s credit, the Defendant intended to cancel the provisional registration under the name of the victim and receive additional loans.

On December 2, 2011, the Defendant, along with the victim, made a false statement to the victim, stating that “If the apartment sales business is planned to be done immediately in Chuncheon, it would pay the remainder of the sales price to the apartment sales business, or would sell the O land in Chuncheon under the name of his/her father or sell an apartment corresponding to the remainder of the sales price to pay the remainder of the sales price to the victim.”

The Defendant continued to attend the above land several times at that time and paid the remainder by the above means, while continuing to pay the victim a balance.

In order to guarantee the payment of the balance, even if the provisional registration of the right to claim the transfer of ownership established on the apartment of this case was revoked, it can be paid the balance from the defendant.

reliance on the belief of this case.

However, in fact, the defendant did not have any funds to conduct apartment sales business, such as taxes in arrears as bad credit holders, and the design and approval procedure for the above Chuncheon apartment business was not run entirely.

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