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(영문) 창원지방법원 마산지원 2012.10.17 2012고단296
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

From June 2005, the Defendant was asked to lend KRW 50,000,000 from the victim F to the victim F in co-ownership (per share 1/2) with the E-si from Changwon-si around June 2005.

Accordingly, if the victim transferred the ownership of the above real estate owned by the victim under the pretext of repayment of the amount equivalent to KRW 101,000,000 among the loans from the defendant from 2005 to 2009, the defendant, after completing the registration of ownership transfer of the above real estate under the name of the defendant alone, entered into an agreement with the victim by borrowing KRW 50,00,000 from the bank as collateral and borrowing the above real estate to the victim.

However, at the time, the interest on the money that the Defendant lent to the victim was not paid to the victim as the previous promise was not previously promised, and there was no idea to additionally lend money to the victim. Even if the Defendant’s name completed the registration of ownership transfer of the said real estate and borrowed money from the bank as collateral, the Defendant was required to use the loan in repayment of the Defendant’s obligation, such as paying the Defendant’s credit card usage fee, and there was no other way to arrange 50,000,000 won. Therefore, there was no other way to lend the Defendant KRW 50,00 to the victim.

Nevertheless, if the defendant renounces the victim's share in the ownership of the above real estate at the office of the traffic accident investigation department of the Mapo-dong Police Station located in Changwon-si, Changwon-si, Busan Metropolitan City, on June 7, 2010, the defendant transferred the ownership of the above real estate to the victim under the sole name of the defendant for the above real estate, and received a loan from the bank as security, and received the above real estate from the victim and received the loan from the bank and received a false statement of 50,000,000 won for the above real estate from the victim. On or around June 7, 2010, the defendant received 2,000,000 won for the loan as loan expense and received on July 21, 2010.

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