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(영문) 수원지방법원 안산지원 2017.03.20 2017고단376
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant will pay 170,000,000 won to the applicant W.

Reasons

Punishment of the crime

On November 28, 2007, the Defendant had been liable for the debt amounting to KRW 170,000,000 against W, and around November 28, 2007, the Defendant established a provisional registration of the right to claim ownership transfer under the above victim’s name against the real estate owned by the Defendant for the purpose of securing the above debt.

On June 11, 2008, the defendant called the victim at an infinite place and set up a provisional registration for the apartment that "on the face of a house with only a registration as it does not go to because of its registration, the apartment will turn to the front, and instead, for the apartment that our piny lives in the inside.

The phrase “assumpted,” and the phrase “assumpted by cancelling the registration.”

However, the Defendant had no intention to establish provisional registration for the above Y apartment from the beginning. Since the above Y apartment was already sold to others, the Defendant had no capacity to establish provisional registration for the victim.

Nevertheless, the Defendant, by deceiving the victim and having the victim cancel the provisional registration established in X apartment on the same day, acquired property profits equivalent to KRW 170 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of document concerning the accused in the protocol of interrogation of the suspect against the prosecution;

1. Application of Acts and subordinate statutes to a copy of a certificate of custody of cash and a certificate for all registered matters;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Reasons for sentencing under Articles 25(1), 31(2), and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Orders for Compensation and Sentence of Provisional Execution [the scope of the recommended sentence] In general fraud [the scope of the recommended sentence] [one to four years] in the basic area (one to four years), [no person who is subject to special sentencing] [decision of sentence] - favorable normal circumstances: the defendant led to confession and reflect against the defendant.

- Unfavorable circumstances: the amount of damage is not so much and the damage is entirely recovered.

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