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(영문) 울산지방법원 2012.03.15 2011고단4181
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for four months.

, however, the defendant from the date of this judgment.

Reasons

Punishment of the crime

1. Defendant A’s sole criminal conduct from October 2002 to a person who had a relationship with Victim G (F after opening the name), and around May 2, 2006, Defendant A borrowed KRW 35 million from the above victim, and around June 2, 2006, Defendant A completed the registration of ownership transfer under the name of the victim, with the land of Nam-gu I in the name of the victim at the port of port owned by Defendant Dong-si.

On November 30, 2009, the Defendant made a false statement to pay KRW 37 million, including registration expenses, after one year from the relocation of the land at port, when the victim’s house located in Ulsan-guJ, Ulsan-gu, that the victim should dispose of the above land in order to receive old age pension.

However, even if the defendant was transferred the ownership of the above land from the victim, he did not have the intention or ability to pay the victim KRW 37 million with the land price.

Nevertheless, the Defendant, as seen above, by deceiving the victim, was transferred from the victim the ownership of the above land equivalent to KRW 35 million at the market price around December 2, 2009 under the name of the Defendant.

2. On March 201, Defendant A demanded the return of the above land price of KRW 37 million from the victim G to the victim G, and thus, there is a concern for compulsory execution against the land in South-gu I at the port of port. In order to escape from this, Defendant B asked Defendant B to establish a right to collateral security on the above land.

On March 15, 2011, the Defendants conspired to make a contract to establish a right to collateral security with Defendant B as a mortgagee and with the maximum debt amount of KRW 45 million on the said land, which is likely to be subject to compulsory execution on the land at no more than the port of call, and subsequently, jointly assumed a false obligation by means of completing a registration of establishment of a right to collateral security to the same purport on March 17, 201.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of the witness K in Korea, and part of the witness F in legal statement;

1. Each prosecutor's interrogation protocol against the Defendants F.

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