beta
(영문) 서울북부지방법원 2019.06.05 2018고단2717 (1)

사기

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

B and the Defendant, from March 2015, obtained loans from D and E in the name of the Defendant from D and E in the name of the Defendant, performed a new construction of F loan, a building with five floors above ground (hereinafter “instant loan”), and completed registration of preservation of ownership on November 12, 201 of the same year, and concluded a trust contract to obtain additional loans from G unions on the 16th of the same month to pay the smuggling construction expenses, and entered into a trust contract to obtain more loans than the right to collateral security, and then, received loans in KRW 750,000,000 from H as the trustee on the same day.

In such a case, when the truster does not obtain prior consent from the trustee pursuant to the above trust contract, the truster shall not engage in any act to reduce the value of the trusted real estate, such as the creation of the right to lease, etc. or the change of the current state thereof, and the truster cannot assert the validity of the lease contract that was voluntarily concluded by the truster. Thus, in order to enter into the lease contract with the lender of this case, B and the defendant, despite the prior consent of the trustee, shall obtain prior consent from the trustee, in spite of the concealment of the above facts, shall prepare a power of attorney to entrust B with the right to sell, sell, rent, conclude a monthly and monthly rent contract, etc., and B requested I and J, etc., who were not aware of such circumstances, to provide guidance and publicity to the truster.

At the request of B, J, upon reporting the advertisement of the above loan loan in the second floor of the B B B B B B B's office on April 2016, 2016, explained to the victim K as if it could normally enter into a lease contract without notifying the validity of the above trust contract.

6. The victim shall be given priority to the corporate bank account in B as the contract deposit of the Lho Lake Rental Contract in this case.