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(영문) 춘천지방법원 2014.02.06 2013고단472
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[B] Around July 31, 2002, the Defendant entered into a sales contract with the victim D, victim E, and victim F to sell four parcels of land (hereinafter “instant real estate”) owned by the Defendant at KRW 270,000,000, such as Hongcheon-gun G, H, I, and J (hereinafter “instant real estate”). The victims shared KRW 90,000,000 for the said purchase price, respectively.

Accordingly, the Defendant received total of KRW 230,000,000 from the victim D and F for the above purchase price, respectively, and KRW 50,000,000 from the victim E for the above purchase price, and the victim E for the remainder of KRW 40,00,000 from the victim E for the remainder of KRW 40,00,000,00, the Defendant leased and used the building located on the G ground from the victim E for the lease deposit amount of KRW 50,00,000.

Since then, around March 26, 2003, the Defendant had completed the registration of ownership transfer with the victim D and F for G real estate (including land and its ground buildings) among the instant real estate on the joint ownership of the victim D and F. On the same day, in order to secure the victims' right to claim ownership transfer registration under the above sales contract, the Defendant completed the registration of ownership transfer claim under the name of the victim D for the Gangwon-gun Hongcheon-gun K and its ground buildings owned by the Defendant to secure the victims' right to claim ownership transfer registration.

In addition, when the Defendant received a demand for repayment from L and M, a mortgagee of the instant real estate, on January 1, 2005, the Defendant had the victim D and the victim E cancel the above provisional registration under the victim’s name, the Defendant provided the instant real estate and the above K real estate and the land of Hongcheon-gun Hongcheon-gun N (hereinafter “Defendant’s real estate”) owned by the Defendant as joint collateral to the Hongcheon Livestock Cooperative, and settled the loan with the above K real estate again under the name of the victim D.

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