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(영문) 인천지방법원 2016.04.27 2014고단7398
사기
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 25, 2006, the Defendant was sentenced to two years and six months of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in order to support the High Government District Court on October 25, 2006, and was released on September 30, 2008 in a female prison on parole on September 25, 2008 and passed on November 25, 2008.

On September 8, 2011, the Defendant entered into a sales contract with the victim G to purchase KRW 180,000,000,000 from the victim H, I, and J J 1237 square meters in the office of “F Authorized Brokerage” near the Yang-gun, Yangyang-gun, Gyeonggi-do.

The defendant, as the defendant planned to construct a warehouse in the above real estate, requested the registration of transfer of ownership immediately after paying down payment of KRW 80 million to the victim. On the other hand, he/she will borrow the above real estate as collateral and pay the balance of KRW 100 million.

“The phrase “ was false.”

However, if the Defendant received the ownership of the above real estate from the injured party, he was able to immediately borrow the real estate as collateral and pay the down payment of KRW 80 million, and he was thought to use the above real estate as a business fund, etc. after receiving an additional loan as collateral, and thus there was no intention or ability to pay the remainder

Nevertheless, the defendant received documents necessary for the registration of transfer of ownership from the injured party, namely, at the seat, and completed the registration of transfer of ownership in the name of the defendant's wife on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Recording notes of witnesses G in the fourth public trial records;

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

1. Statement of G in the protocol concerning the examination of the police officers against the accused;

1. A real estate sale contract;

1. A certificate of borrowing money;

1. A certificate of all registered matters;

1. Each letter;

1. Investigation report (verification of the current status of establishment of a right to collateral security and details of progress of auction cases on the real estate in this case);

1. References to inquiries, such as criminal history, investigation reports (as such);

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