2019 Highest 4314 Fraudulent

Kim Gir (name), 74, South and North

Residential Ulsan

Reference domicile

Kimma-ro (prosecution) and Park Jin-Jin (trial)

Attorney Kim Kim (Korean National University)

April 23, 2020

Defendant B shall be punished by imprisonment with prison labor for two years.

Facts of crime

Around March 26, 2016, Defendant 2 concluded that “No problem exists that the tenant becomes the first order in the registration injury because the tenant has no security on the apartment” to the injured party who wishes to lease the Mata-ho, which was sold to Defendant on a pre-sale basis in Ulsan-gu U.S. U.S. 2016.”

However, the Defendant, on December 24, 2015, was given a loan of KRW 210,000,000 from the Nonghyup Co., Ltd. on the same day, and concluded a mortgage contract with the maximum debt amount of KRW 252,00,000 on the same day and paid the remainder, and simultaneously made a registration of ownership transfer in the name of the Defendant at the same time as the registration of ownership transfer in the name of the Defendant, the Defendant could not guarantee the victim the first priority on the register because the establishment registration of a neighboring mortgage was scheduled for the said apartment.

Nevertheless, the defendant was transferred to the account of community credit cooperatives (9022130**) in the name of the defendant under the name of the community credit cooperatives in the name of the defendant as the remainder of deposit money around May 10, 2016, by deceiving the victim and deceiving him/her as to the above apartment on March 26, 2016. The defendant was transferred KRW 207,00,000 to the account of community credit cooperatives (9032130**) under the name of the defendant as the remainder of deposit money around May 10, 2016.

Accordingly, the defendant was delivered the goods by deceiving the victim.

Summary of Evidence

1. The legal statement of the defendant

1. Statement of the police statement concerning the previous tax year;

1. Terms and conditions of the lease contract, details of succession to the rights and obligations, and text messages as substitute;

1. All certificates of the register;

1. Application of a contract for creation of collateral security, and of Acts and subordinate statutes on loan transaction;

1. Relevant provisions concerning criminal facts;

Article 347(1) of the Criminal Act

1. Selection of a punishment;

Imprisonment Selection

It is inevitable to impose a sentence on the defendant, because it is not very good in the law of deception of the reason for sentencing, only a part of the damage was made, and the victim sought a strict punishment against the defendant, and it is inevitable to impose a sentence on the defendant.In full view of all the factors of sentencing, such as the amount of fraud, the age, environment, and circumstances after the crime, the sentence against the defendant is set as the order.

Judges electrical interest