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(영문) 창원지방법원 밀양지원 2020.02.06 2018고단175
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

In order to raise the successful bid price for each land located in C, D, E, F, and G (hereinafter “H land”) located in the said H land (hereinafter “I”) around October 28, 2014, “2018 Highest 175” B intended to set up a collateral security right in the future and to obtain a loan of KRW 310 million from the I Association, but was requested to provide additional collateral by the I Association.

B around October 28, 2014, with the consent of the victim J, set up a collateral security right in the first association with regard to the debtor as to the L and M in the Haban-gun L and each land located in M (hereinafter referred to as “N land”) registered in the name of the victim K (hereinafter referred to as “N”) as KRW 310,000,000,000,000 won for the secured debt, and the maximum debt amount as KRW 372,000,000.

B, around November 15, 2014, concluded an agreement with the victim to the effect that “after completing construction works, etc. on the above H land until May 2015, the exchange of the above N land with the above H land” was made, and the amount equivalent to KRW 90 million, which is the internal amount of debt of the above NN land, was the secured debt, in return for the joint security of KRW 310,000,000,000,000, which is the amount of debt of the above NN land, with the above H land, established a provisional registration of the right to claim ownership transfer registration against the above H land in the future of the above K around November 15, 2014.

On the other hand, on September 22, 2016, the Defendant purchased the said H land from B and registered the said H land under the name of O on the 23th of the same month.

On September 2016, while the Defendant was planning to purchase the above H land from B and to proceed with a real estate development project, he became aware that a provisional registration of the right to claim ownership transfer registration in the above H land has been made.

around September 22, 2016, the Defendant: (a) from Q “P” located in Changwon Mugu P, P, the Defendant: (b) made profits from the Defendant’s real estate development business in the said H land; and (c) if the said provisional registration was established in the name of K, it is impossible to implement the development business.

the name of K. H.

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