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(영문) 부산지방법원 2015.05.21 2013고단4367
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant pays 20 million won to E, who is an applicant for compensation.

Reasons

Punishment of the crime

On May 21, 2012, the Defendant stated that “The owner of the G Licensed Real Estate Agent Co., Ltd (hereinafter “instant real estate”) at the G Licensed Real Estate Agent’s Office located in Busan, Busan, Busan, would be I but the actual owner would be the owner of the instant real estate, but the Plaintiff would be the owner of the instant real estate. It is false that the Plaintiff would pay the instant real estate and the exchange value at KRW 86 million, which is the transfer of the ownership and the difference in the exchange value of the J, Gyeong-gun, Gyeong-gun, Gyeong-si, Busan, to the G Licensed Real Estate Agent Co., Ltd. (hereinafter “D”).

However, in fact, since the real estate in this case was owned by I and the defendant did not have the right to sell the real estate in this case, even if the difference between the ownership transfer and exchange value of the victim's real estate was paid, there was no intention or ability to transfer

As above, the Defendant: (a) by deceiving the victim; (b) registered the ownership transfer of the victim’s 3 million won from the victim’s seat as the down payment; (c) around May 24, 2012, and issued 10 million won, respectively; and (d) around August 8, 2012, the Defendant registered the ownership transfer of the 148 square meters in the name of K Co., Ltd., the Plaintiff, who was not the victim’s own market value of 25 million won.

around 15:00 on July 6, 2012, the Defendant made a false statement to the G Licensed Real Estate Agent Office located in the Busan-gu Busan-si, Busan-si, the victim E, stating that “The victim E will particularly sell to the Party Nos. 3 and 201 and 301 of the Namsan-si, Busan-si to KRW 17 million per bond.”

However, even if the Defendant, on September 10, 2012 after receiving the said H sale contract money from the victim, as the owner of the said loan, registered the preservation of ownership of the said loan 201, the Defendant immediately borrowed 201, the maximum debt amount of 84 million won, the maximum debt amount of 96 million won against loan 301, the right to collateral security established with the Defendant as the Defendant, and then borrowed 2, the Defendant thought to dispose of the above loan 2 to others.

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