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(영문) 서울중앙지방법원 2018.01.18 2017고단6578
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 2016, the Defendant was aware of a person to lend money to the Defendant in order to promptly terminate the right to collateral security established on the real estate held in the name of the mother of the Defendant. On November 1, 2016, the Defendant introduced the Victim D through G, and on November 10, 2016, the Defendant would transfer the real estate to the Defendant at the F Judicial Agent Office located in Gyeonggi-si E, Gyeonggi-do.

“In doing so, the transferor A (the Defendant) transfers the right to claim for the registration of transfer of ownership on August 1, 2009, to the transferee D (the victim) for the real estate of 7,051 square meters in Gyeonggi-gun G forest and H 16,532 square meters in real estate (hereinafter “the instant forest”).

“Around November 10, 2016, the content of the contract for the transfer of the claim and the Defendant, the representative of the co-owners of the instant forest land (the instant forest land of the deceased J was owned by the network J et al. and by eight persons, and the network J was the representative of co-owners (the appointed parties). After the death of the J around 2012, the spouse of the J et al. continues to maintain the status of co-owners’ representative by inheritance of the J’s shares and continuing to maintain the status of co-owners’ representative.) drafted a notice of the transfer of claim on November 10, 2016, stating that he/she notified the fact of the transfer of the said claim.

In addition, the defendant, in his job, transferred 3,50 square meters out of the forest land of this case to A (the defendant) at the case expense in performing the work following the fact that "the court and seven others find ownership of the forest of this case" to the victim.

"A copy of the confirmation form under J on August 1, 2009, which was signed by the Defendant on August 1, 2009, was conducted as if the Defendant had the right to claim for the registration of ownership transfer of the forest of this case and there was no problem in exercising the right to claim for the registration of ownership transfer acquired by the victim in the future.

However, on June 19, 2014, the defendant and co-owners of the forest of this case, such as the above I, in order to recover the ownership of the land of K, etc. from before the date of the deceased J.

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