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(영문) 부산지방법원 2013.11.26 2013고단657

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.


Punishment of the crime

The defendant is the representative director of the E-U.S. in which the head office is established in Changwon-si Co., Ltd. and the real estate rental business is located.

1. Around April 29, 2010, the Defendant entered into a sales contract with the victim F and the victim’s non-filled coffee store located in the Dong-dong-dong-dong-dong-dong-si, through a buyer’s purchase price of KRW 600,000,000,000,000 for the purchase price of KRW 1,188 square meters, and KRW 122 square meters for H, owned by the victim, and paid the purchase price to the victim E.

On June 9, 2010, the Defendant stated that “The Defendant succeeded to the title of debt after the Defendant first paid the collateral security debt equivalent to KRW 380 million established on the said land in lieu of the payment of the purchase price, and the overdue interest thereon, and then paid by the Defendant for the design cost of the provisional attachment in lieu of the KRW 35 million, and the remainder will be paid as the next substitute after the instant officetel was constructed on the said land.”

In fact, at the time, E was merely 39,032 won in the balance of the passbook and it was short of funds, and at the same time, E was planned to borrow KRW 100 million from I as collateral and there was no intention or ability to implement the above special agreement.

Nevertheless, the Defendant, as above, by deceiving the victim as above, received documents necessary for the transfer of ownership from the victim, namely, on June 11, 2010, and completed the registration of ownership transfer in the E with respect to the above land, thereby deceiving the victim.

2. On June 23, 2010, the Defendant against the victim J would lease the above 201 subparagraph 201 to the victim J seeking to lease the 30 million won lease deposit from the L Licensed Real Estate Agent Office located in K Building 104, Kimhae-si, Kimhae-si, Kim Jong-si, and 201.

Although a provisional registration for ownership transfer registration has been made in 201, a person with a provisional registration right is an equipment and will be solved prior to prosecution.

Even if the principal registration has been made, the principal registration holder shall be liable for the refund of deposit for lease.