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(영문) 부산지방법원 2015.08.12 2014고단8203
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 2013, the Defendant changed the termination of the right to lease on a deposit basis and other mortgage on a deposit basis set forth in the instant real estate from the purchase price to the victim C, a creditor of an amount equivalent to KRW 60 million, to KRW 505,000,00,000, which is owned by the Defendant, to the end of Busan-gu Busan-gu, Busan-do, and KRW 505,00,000,000, and KRW 30 million,000,000,000,000,000,000 won for personal use and the remainder of KRW 30,000,000,000,000,000,000 won for the remainder of the purchase price.”

However, at the end of March 2013, the real estate in this case, the market price of which is approximately KRW 240 million, was approximately KRW 65,000,000,000, the maximum debt amount, KRW 9,000,000, KRW 170,000,000, which was the debtor's operation of the defendant, KRW 170,000,000, which was the mortgagee's national bank, and KRW 10,000, which was the mortgagee's right to lease on a deposit basis, and KRW 10,00,00,00, which was the mortgagee's right to lease on a deposit basis, was respectively established, and the right to lease on a deposit basis, KRW 10,00,00,00, which was the debtor, was also the joint and several surety's obligation for corporate credit loans to the national bank. Accordingly, the real estate purchaser in this case was trying to acquire the ownership of the real

Even if the purchase price should be preferentially appropriated for the extinction of the right to collateral security and right to lease on a deposit basis No. 9 and the right to lease on a deposit basis No. 10, so the defendant did not have the intention or ability to repay to the victim KRW 30 million by remaining out of the purchase price.

As above, the Defendant, by deceiving the victim, was 11 April 2, 2014.

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