logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2018.01.11 2017고단185
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 28, 2015, the Defendant concluded a sales contract with the victim E and F departments on December 28, 2015, with the purchase price of KRW 190 million and the down payment of KRW 190 million and the down payment of KRW 19 million, and the remaining amount of KRW 171 million shall be paid until February 20, 2016, and the income tax from the sale of the said real estate shall be paid by the time of the contract. The Defendant concluded a sales contract with the victims on the following grounds: “In order to reduce the transfer income tax, the Defendant shall make the transfer registration according to the different year, and the remaining amount shall be paid by receiving the loan after completing the loan from the land in this case.”

However, the Defendant, at the time, had been executing the construction of electric source housing in H at the time of the instant land adjacent to the instant land. The relationship between the shortage of construction cost and the lack thereof, obtained the registration of transfer of ownership of the instant land from the victims and intended to immediately borrow the instant land as collateral and use the said money as the construction cost for electric source housing under construction in the instant land. Unlike the fact that no other financial resources were available for executing the instant land loan, even if the victims received the registration of transfer of ownership from the victims, there was no intention or ability to pay the balance under the said contract.

As such, the Defendant, by deceiving the victims, obtained the registration of transfer of ownership of the instant land equivalent to KRW 190,000,000 from the victims, on December 29, 2015, and acquired the instant land by deceiving each 1/2 shares on January 4, 2016 under the name designated by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness F, J, K, and L;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made to the prosecutor by the J;

1. Each police statement made to the F and J;

1. An investigation report (with respect to the details of transactions N in the A-J Account under the name of M), an investigation report (as to the A-J Partnership, and the confirmation of funding);

arrow