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(영문) 서울중앙지방법원 2015.11.26 2015고단1416

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant pays 1,800,000 won to C who is an applicant for compensation.

Reasons

Punishment of the crime

[2015 Highest 1416] The Defendant, even if he/she did not borrow money from another person due to the absence of any particular property or income, did not have the intent and ability to repay the money from the other person, using the Defendant’s speech that he/she owns an officetel, he/she did so as to borrow money from the above officetel as security by the Defendant was D.

On April 8, 2014, the Defendant presented the victim G’s resident registration certificate to the victim G of F real estate located in Gangnam-gu Seoul, Seoul, the Defendant: (a) falsely stating that “I would fix the rental deposit as KRW 35 million and prepare the document as the lessee of the lease agreement to the 635th floor of the H building in Gangnam-gu Seoul, Seoul, which is a real estate owned by the Defendant; (b) would lend money as security value; (c) would be repaid within three months if I lend money; and (d) obtained money from the victim and acquired it.”

[2015 Highest 3920]

1. As the amount of debts increases due to excessive use of credit cards over a number of years, the Defendant was paid at a high rate of interest to repay the credit card price. Ultimately, the above debentures and the financial rights amounting to KRW 180,000,000, and thus, even if he borrowed money from another person, there was no intention or ability to repay the said amount.

From that point of view, the Defendant’s Donman owned No. 635 of Gangnam-gu Seoul Metropolitan Government H Building 635 and No. 102 and No. 202 of Echeon-si I apartment house as if the Defendant was the owner and lessor, and the J conspiredd with the J to borrow the above officetels and apartment house as the lessee and to use one half of them by taking money as the security.

On May 26, 2014, the Defendant forged a private document 1 for the crime related to the Victim K-related to the victim: (a) at the office of “M Licensed Real Estate Agent Office” located in Gangnam-gu Seoul Metropolitan Government L, the said lessor is deemed to be the lessor D, lessee K, and the said lessor is the lessee.