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의정부지방법원 2015.11.06 2014고단4730
사기
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 21, 2014, the Defendant, at a certified judicial scrivener office located in Dongcheon-si, Dacheon-si, saying, “If interest is to be paid in lieu of an auction, the Defendant would make a registration of ownership transfer security to G in Dongducheon-si, F and the name of the Doducheon-si, the Defendant would make a registration of ownership transfer security in lieu of the Defendant’s loan obligation interest amounting to KRW 49,898,902.”

However, it was difficult for the Defendant to be a bad debtor due to the Defendant’s failure to pay bank obligations and interest, etc. for more than two years, as well as the hot spring business, which was punished by the Defendant, was in a situation in which it was practically impossible to expect any profit within a short period due to the Defendant’s failure to find an investor, and the property already in the name of the Defendant was under a situation that has no real value due to collateral mortgage, etc., and there was no intention to transfer a provisional registration to the victim.

After all, the Defendant, by deceiving the victim, acquired pecuniary benefits equivalent to the above KRW 49,898,902.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and H;

1. Each police statement of E and H;

1. The defendant and his defense counsel agreed to set up a provisional registration security cycle for each of the real estate of this case on the condition that the defendant borrows KRW 70 million from the victim a copy of the contract for return of substitute goods, a copy of the contract for establishment of provisional registration, a copy of the passbook for remittance of money, a copy of the entire certificate of registered matters, and the defendant's defense counsel, but they did not have the intent to commit fraud because the victim did not additionally pay KRW 20 million.

However, the following circumstances recognized by the record, i.e., the defendant and the victim, are owned by the defendant at a certified judicial scrivener office on March 21, 2014.

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