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(영문) 대구지방법원 포항지원 2018.10.24 2018고단1175
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant reported the sale of the real estate posted on the Internet with his name-free accomplice (one name C, etc.) and accessed the seller, and received the transfer of the real estate in the name of the real estate by false means such as "to pay only a part of the purchase and sale price, to receive the transfer of the real estate in the name of the real estate and to pay it as a security," and conspired to commit fraud by means of auction on the ground of the most creditors who do not pay to the seller, and to receive the successful bid price.

On February 1, 2017, the Defendant would purchase the relevant land and housing in KRW 260 million to the Victim G (V, 35 years of age) who is the owner of the remaining-gu F land and the second floor housing at port at port and on the ground in the south-gu “E coffee shop” located in the Nam-gu, Nam-gu.

First of the date when the contract is prepared, 130 million won was given, and the balance was paid upon the transfer of the name of the real estate in the name of the real estate."

However, in fact, the Defendant did not have the intent or ability to pay the remainder of KRW 130 million to the victim because the Defendant was planning to apply for an auction on the ground of the most creditors H even if the Defendant received a loan under the name of the real estate as above and received a loan.

The Defendant received from the injured party a registration for the transfer of ownership of the above real estate in an amount of KRW 260 million at the market price.

As a result, the defendant was provided property by deceiving the victim with his or her name in collusion with the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to G;

1. Statement of the police statement related to G;

1. Application of statutes on loan transaction agreements, such as a process deed, a certificate to be registered in whole, search data for auction cases, and agreement on loan transaction;

1. Type 2 of Article 347(1) and Article 347(1) of the Criminal Act regarding the relevant criminal facts, Articles 347(1) and 30 of the Criminal Act, the reason for sentencing of sentence of imprisonment [the scope of recommendation] general fraud.

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