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(영문) 인천지방법원 2013.11.21 2013고단5277

사기

Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of three million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A is the owner who entered into a sales contract with the former owner on April 18, 2011 with respect to "Ycheon-gu Down-gu 401" and completed the registration of ownership transfer on April 27, 201, and Defendant B is the person who arranged for the above sales contract.

Defendants were to be free from the purchase funds held by Defendant A, and the loans received based on a sales contract stating a higher amount than the actual purchase price, and the deposit received by leasing a loan, with a view to raising funds for the purchase price and related expenses.

Accordingly, around April 18, 2011, Defendant B prepared a real estate sales contract stating that the actual purchase price of the loan was KRW 54.2 million, even though the actual purchase price of the loan was KRW 5,4.2 million, at the G real estate office located in the Nam-gu Incheon Metropolitan City, Nam-gu.

In addition, around April 21, 201, Defendant A made a false statement to the effect that “B, as he/she intends to borrow a loan of KRW 95 million in the amount of KRW 5,000,000,000 to J, an employee of the Korea Community Credit Union for the victims, at the I Office located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, Incheon, for a loan of KRW 305,00,000 as security. In that sense, Defendant A would pay interest of KRW 298,00 per month and repay the principal after three years. There is no lessee at present, and if leased, he/she would repay a loan of at least 40%.”

However, in fact, the actual purchase price of the loan was KRW 54.2 million, and the Defendants leased the loan without notifying the damage safe, and then thought that the deposit was appropriated for the purchase price, etc., and the Defendants did not notify the damage safe, even if they entered into a lease agreement on May 11, 201 with respect to the loan and received KRW 20 million on June 10, 201.

Ultimately, the Defendants conspired to induce the victimized safe and received 54 million won as a loan from the victimized safe on April 27, 201.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement to J and K;

1. Complaint;

1. A loan transaction agreement and details of transactions;