(영문) 창원지방법원 통영지원 2018.10.25 2018고단110

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(영문) 창원지방법원 통영지원 2018.10.25 2018고단110

사기

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

Reasons

Punishment of the crime

[Criminal Records] On June 22, 2017, the Defendant was sentenced to a suspended sentence of two years for a period of four months by obstructing auction at the Changwon District Court, and the said judgment became final and conclusive on the 30th of the same month.

[2] The Defendant, at around October 2013, sold to the victim’s mother’s home located in Dong Young-si, Dong Young-si, who was awarded a successful bid by auction in the name of his/her father’s mother, to KRW 350,000.

However, at the time of successful tender, the E and F commercial buildings jointly secure and take over KRW 20,00,000 out of KRW 440,000,00 that was loaned from the G Union, in lieu of the balance, and the remaining balance amount of KRW 130,000,000 shall be paid back to B with the largest right of KRW 150,00,000 in the creditor’s name as provided in subparagraph E, and the ownership shall be transferred to B after cancelling the right of collateral security.

However, even if the defendant received 130,000,000 won from the injured party, he did not cancel the right to collateral security in the name of creditor C with the money, and was thought to use it as the real estate deposit in the name of the H in the time the defendant intended to purchase at that time.

B. The Defendant did not have any intent or ability to transfer the ownership of the building E to the victim, since it was not an economic ability to cancel the right to collateral security set forth in subparagraph 3, if the Defendant used the commercial purchase price from the damaged person as a real estate down payment due to economic difficulties, such as tax in arrears, etc. at the time.

Nevertheless, the Defendant did not express the above circumstances, and instead, by deceiving the victim as if the right to collateral security under the subparagraph of the subparagraph of the building in the commercial building was established, and by deceiving the victim on December 13, 2013 from the victim to transfer the amount of KRW 100,000,000 from the victim to the account under the name of the husband, the Defendant acquired the money from the victim in cash on the 15th day of the same month.

Summary of Evidence

1. The defendant's "10 million won."

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