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(영문) 광주지방법원 2019.01.30 2017고단4878 (1)
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Although the Defendant borrowed KRW 27 million to B on September 2012, the Defendant concluded a contract to purchase a house owned by Nam-gu Seoul, Nam-gu, Gwangju, from E, a Dongin's agent, the Defendant did not transfer the registration.

Accordingly, B received the court's provisional disposition order to prohibit all acts of disposal such as sale and purchase of the above house (as of April 16, 2014), and urged the defendant to pay the above amount of KRW 27 million.

Accordingly, the Defendant proposed to lend only the name necessary for real estate transactions to the victim F, who is the branch, and conspired to deceiving the victim by getting the victim to prepare various documents, such as the letter of subrogation agreement, etc. (the defendant's above 27 million won obligation of KRW 30 million plus KRW 3 million as well as KRW 50 million as claimed by B) by getting the victim to be liable for repayment of the debt of KRW 80 million.

On February 5, 2015, the Defendant stated that “The victim received 20 million won, which he had not been lent to H, and there is a house located in Gwangju Nam-gu C in the real estate recently being traded by himself, and if only the name is lent, the above house shall be disposed of again to B after one month after it was registered for transfer of ownership in the name of the victim, so that no damage may be inflicted on the victim.”

The Defendant, at around 15:00 on February 12, 2015, on the 15:00, made a false statement that he would use the Plaintiff’s ownership in the sales contract necessary for the transfer of the Plaintiff’s ownership in the name of the victim located in the Nam-gu Seoul metropolitan building J. K, and received a certificate of the personal seal impression from the victim, and K would pay for the amount equivalent to KRW 50,000,000 and KRW 80,000,000 to the Defendant’s debt owed to B.

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