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(영문) 수원지방법원 2013.04.10 2012고정1825
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 10, 2010, the Defendant loaned KRW 20 million to the victim E a provisional registration with respect to F apartment of 104 Dong 101,000,000,000 won for the F apartment of 320,000,000 won at the city of Ansan-si. The actual obligation of the right to collateral security established on apartment is not more than 220,000,000,000 won, and if the apartment is sold, the Defendant would pay the debt.” On March 11, 2010, the Defendant transferred the sum of KRW 15,000,000 from the victim, and around March 16, 2010, the Defendant established a provisional registration against the said apartment as the right to claim ownership transfer against the victim.

Since then, on January 201, 201, the Defendant said that “If a company operating a provisionally-registered F apartment as a dormitory of a company operating a provisionally-registered F apartment, it is possible to obtain a loan from a bank as collateral for apartment,” the Defendant would receive a provisional registration. It would receive a bank loan to repay money with the bank loan.”

However, if the victim had cancelled the above provisional registration, the defendant thought that he would sell the above apartment house to another person, and even upon the cancellation of the provisional registration, he did not have any intention or ability to repay the borrowed money to the victim.

On March 28, 2011, the Defendant, by deceiving the victim, consented to the cancellation of the above provisional registration from the victim, and acquired pecuniary profits equivalent to KRW 15 million of the bonds guaranteed by the above provisional registration by registering the cancellation of provisional registration.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol of examination of partial suspect against the accused by the prosecution (including a substitute part with E);

1. Separate case forwarding records, etc. (Duplicates), investigation reports (a written decision not to prosecute a case of the same contents against a suspect who has filed a complaint, and a copy of the written opinion);

1. Application of Acts and subordinate statutes to a loan certificate or a certified copy of register;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The Criminal Act for the detention of a workhouse;

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