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(영문) 창원지방법원 2017.09.12 2017고단1492
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 3, 2014, the Defendant purchased from the victim C the land and the building in the Gu E at the expense of KRW 185,000,000,000 from the victim’s son’s children, and around August 14, 2014, the real estate name was transferred to the Defendant’s Dong F name, but the victim did not pay the remainder of KRW 50,000,000 to the victim. On May 11, 2015, the Defendant completed a provisional attachment order issued by the Busan District Court on May 11, 2015 and completed the provisional attachment of the said real estate and the building and the land in the G in the G in the name of the F in the name of the Defendant, the actual owner of the said real estate, with the claim amount of KRW 50,00,000,000.

On the other hand, the Defendant sold real estate in KRW 270 million to H, who is the Defendant’s punishment, agreed that the purchase price was paid after H repaired and sold the real estate, and H attempted to obtain a loan from a financial institution as security in order to prepare repair costs of the real estate in this case, while the Defendant attempted to obtain a loan from the financial institution as security, it discovered that a provisional seizure was made in the above name D and demanded the Defendant to cancel the registration of provisional seizure.

Accordingly, the Defendant, within the JDan-si, Jin-si, Changwon-si on November 10, 2015, delegated the disposal of this real estate by the injured party to K to whom the disposal of this real estate was delegated, “If the registration of provisional seizure made in the name of D on this real estate is cancelled, the Defendant shall obtain the loan and repay the remainder of KRW 20 million in advance, and repay the remainder of KRW 40 million after selling this real estate.

“The purpose of “ was to make a false statement.”

However, in fact, the Defendant was requested to cancel the registration of provisional seizure by H, and if the registration of provisional seizure is cancelled, H did not have agreed to obtain a loan equivalent to KRW 20 million out of the loan with the real estate as collateral to the Defendant, and there was no intention or ability to implement the above promise.

The defendant deceiving K and belongs to it as above.

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