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(영문) 창원지방법원 마산지원 2015.11.03 2012고단754
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who operates C Co., Ltd. mainly engaged in the housing construction business located in 201, M&C, M&C, Changwon-si, M&C.

On October 13, 2006, the Defendant agreed to the effect that the Defendant would offer the Victim F and the Victim F as security at the E-Attorney office located in Seongbuk-gu, Chungcheongnam-gu, Seoul Special Metropolitan City on October 13, 2006, the sales contract for the H-type 22 square meters of the H-type 6-type building in the Gyeongnam-gun, Gyeongnam-gun, where G and C are constructed, and that the Defendant would borrow KRW 1.5 million from the Victim; and ③ by January 13, 2007, the Defendant would pay the Victim KRW 200 million, including interest, until January 13, 2007, and the victim “the 36 households of the H-type building are constructed, and the actual ownership of the H-type building is completed at least 95% of the progress rate, but the amount is urgently needed due to lack of funds, and if the H-type 150 million won is loaned, the Defendant would complete the payment of KRW 200 million.”

However, the facts are as follows: (a) if I owned an apartment building on October 13, 2006 when I owned the land of H and J and constructed the apartment above, the ownership of the above land was lost; (b) K land was owned by C around October 13, 2006, but the owner of the land was C, however, the mortgage-mortgage L, the maximum debt amount of 90 million won, M, the maximum debt amount of 180 million won, respectively, was registered; (c) J land was below the value of property; (d) N was registered as a successful bid from I Co., Ltd. on August 30, 2004 and its owner was N on October 13, 2006, and thus, there was no authority to dispose of the land to the Defendant; and (d) part 6 of the sale contract that the Defendant offered as security to the victim was stated as the owner of H apartment Building B, 401, 402, 403, 501, and 501, K.

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