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(영문) 창원지방법원 마산지원 2018.12.18 2018고단952
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant is a person who has been aware of about 20 years prior to the victim C (the remaining and the age of 58) as a person who runs the business of lumbering.

1. On January 10, 2016, the Defendant made a false statement to the effect that “The Defendant would set up a collateral security right on each land so that he/she may obtain a 200 million won loan from the victim’s own land F and G in the E office, a stock company, which is managed by the injured party located in Yongsan-gu, Changwon-si, Changwon-si, Seoul, to purchase each land in KRW 200 million.”

However, the defendant did not have the intention or ability to purchase each of the above land.

On January 13, 2016, the Defendant: (a) by deceiving the victim; (b) borrowed KRW 26 million from H from the bond company H on January 13, 2016; and (c) caused the victim to complete the registration of the establishment of the right to collateral security with respect to each of the above land at H, thereby obtaining pecuniary benefits equivalent to the value thereof.

2. On February 10, 2016, the Defendant made a false statement to the effect that “The right to request the transfer of ownership in the relevant housing and land may be registered so that the Defendant may obtain the purchase of the victim’s housing and the land for KRW 370 million,00,000 owned by the victim at the same place as before and after the beginning of February 10, 2016.”

However, the defendant did not have the intention or ability to purchase the above housing and land.

On February 11, 2016, the Defendant, by deceiving the victim as above, borrowed KRW 35 million from the J from the bond business operator on February 11, 2016, and caused the victim to complete the registration of the right to request the transfer of ownership of the above housing and land, thereby obtaining pecuniary benefits equivalent to the value thereof.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning C’s statement in the second interrogation protocol against the defendant during the interrogation of the suspect

1. Part concerning C’s statement in the second suspect interrogation protocol against the defendant

1. Statement made by the police against C;

1. A copy of each real estate transaction contract;

1. A certificate (F), a full certificate of registration (G), and a full certificate of registration;

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