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(영문) 창원지방법원 통영지원 2015.04.02 2014고합140
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On April 2, 2013, the Defendant: (a) at the F Licensed Real Estate Agent Office of the E’s Office located in Dong-si on April 2, 2013; (b) the victim’s G, “H 43 square meters; (c) 60 square meters prior to J; (d) 797 square meters prior to K (hereinafter “instant real estate”); (c) 680/815 of the equity share of L forest 815 square meters; and (d) the purchase price was KRW 70 million in total (680/815 of the equity share of L forest 815 square meters in large cities, with the ownership transfer registration as of December 22, 2010); (c) the victim’s first down payment 20 million won in total; (d) the remainder of the contract deposit 30 million won in total; and (e) the remainder of the contract deposit is paid by the victim up to 65 million won on April 16, 2013; and (e) the remainder of the remainder payment.

The Defendant did not have any means to pay the above remaining price, and there was a need to pay the construction cost, related borrowings, personal rent, etc. of the housing newly constructed at the Si M and Si N at the time. As such, the Defendant received the ownership transfer registration of the instant real estate and received it as a collateral and used it as the above construction cost. On January 22, 2014, the Defendant, who was unaware of the fact, issued documents necessary for the registration of the ownership transfer of the instant real estate from the victim and received the documents necessary for the registration of the ownership transfer, and borrowed KRW 500 million as collateral from the Sim-si Do Do n, and borrowed the instant real estate in the name of the Defendant, which is the birth of women's birth, with the documents required for the registration of the ownership transfer of the instant real estate from the victim.

However, the Defendant did not have the intent or ability to pay the remainder even if he received the registration of transfer of ownership from the victim.

Accordingly, the Defendant deceivings the victim as above, and thereby, from the victim, the market price of KRW 675 million [70 million (total purchase price - 2.2.)] is KRW 75 billion.

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