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(영문) 수원지방법원 2014.11.05 2013고단4296 (1)
사기등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

【Basic Facts】 Around November 3, 2009, the Defendant agreed to borrow KRW 125 million to the victim D with interest rate of KRW 2% per month and to repay the principal and interest after six months.

Accordingly, as a security for the above borrowed money, the Defendant completed the registration of the establishment of a mortgage with the amount of KRW 250 million in the amount of the claim on the temporary registration of the right to claim a transfer of ownership and the amount of KRW 257,000,000,000,000,000 in the amount of 1,182 square meters and H 2,095 square meters in Seocheon-gu, the Defendant and the Defendant’s existing creditors E.

After that, on October 7, 2010, the Defendant repaid the victim KRW 110 million and KRW 25 million on April 3, 201, to the victim and paid the victim KRW 10 million on or around October 7, 201.

6.2. The Seoul Southern District Court deposited the remainder of KRW 17.68 million with the Seoul Southern District Court. However, as the victim delayed the receipt of the deposit due to the existence of the payable amount, the Defendant filed a lawsuit with the Seoul Southern District Court on November 7, 2012 (Seoul Southern District Court 2012Da75653) against the victim and E seeking a transfer of the registration of the right to claim the above transfer of ownership (Seoul Southern District Court 2012Da75653).

【Criminal Facts】

1. On January 22, 2013, Defendant C made a false statement to the victim, E, or the victim, “In addition to the existing deposit, the right to claim ownership transfer prior to the registration of the right to claim ownership transfer in addition to the existing deposit, the victim, E, to reach an agreement on the case at the Vc shop located in Yeongdeungpo-gu Seoul Metropolitan Government U.S. District Court 201Kadan75653.”

However, as the Defendant already recovered KRW 17.68 million on January 14, 2013, the Defendant had no intention or ability to reduce the deposit money to the victim.

Nevertheless, the defendant deceiving the victim as such and let the victim prepare a written agreement that approves provisional registration cancellation at the seat, that is, the defendant's month on the basis of this agreement.

1. 29. The registration of the victim and E’s right to claim transfer of ownership was made to the Defendant’s wife F.

2. The defendant and A.

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