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(영문) 대전지방법원 2017.12.15 2016고단3924
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

Punishment of the crime

On October 14, 2015, the Defendant entered into a sales contract with C to purchase five-story apartment houses (hereinafter “E building”) located in the Dong-gu Daejeon-gu, Daejeon on or around October 14, 2015, on condition that deposit money for lease and loan obligations for the building are taken over. The victim F is the owner of the 5-story apartment houses (hereinafter referred to as “I real estate by adding up land and buildings”) located in Chungcheongnam-gun, Geumsan-gun, Chungcheongnam-gun, and the 90-breadth of G road, H large scale 408 square meters and above ground buildings (hereinafter referred to as “I real estate”).

On November 7, 2015, the Defendant was in fact in the K Office located in the Dong-gu Daejeon District Court of Daejeon on November 7, 2015, and only purchased the E Building and did not transfer it only to the registration.

The purpose of this study is to exchange 101 and 301 units of I’s I’s real estate and E’s real estate and E’s property and E’s 101 and E’s 101 units of real estate with the end of one month, and to conclude a lease agreement with respect to 101 and 301 units of E’s ownership, and to exchange 70 million units of E’ and 301 units of E’s 10th and 301 units of E’s 10th and 301 units of E’s 10th and 301 units of E’s 1st and 301 units of mortgage with the victim.

However, even if the Defendant did not have the intent or ability to purchase the above E building from C, and concluded the above exchange contract with the victim, the Defendant could not complete the registration of transfer of ownership with respect to No. 101 and No. 301 of the first floor of the E building, and there was no intention or ability to accept the obligation of the victim.

Around December 18, 2015, the Defendant: (a) by deceiving the victim as above; (b) received documents necessary for the registration of transfer of the ownership of I real estate from the injured party; and (c) completed the registration of transfer of ownership in the name of repayment of the Defendant’s debt of KRW 70 million to L, a creditor of the Defendant; and (d) acquired financial benefits in the market.

The defendant of "2017 Highest 2797" is to the Geumsan-si Ginseng around the end of June, 2017.

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