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(영문) 전주지방법원 군산지원 2019.03.29 2018고단1419

사기등

Text

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of four months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

Defendant

A is a person who has no certain occupation and has been engaged in various activities, such as arranging real estate brokerage, even though he/she is not a broker, and Defendant B is a person who works in a singing machine.

1. Defendant B, with the knowledge that it is economically difficult to make a monthly rent of the house in which Defendant B, who was known to the general public, had Defendant B purchase real estate, and had Defendant B acquire it as a collateral, and then used it as a collateral to divide it into money, Defendant B, on November 2014, proposed that “The purchase can be made because it is possible to use the maximum amount of KRW 10 million remaining after the payment of the purchase price is made,” while Defendant B consented to this, Defendant B was unable to make a loan because the victim E resides in the above apartment at KRW 40 million, and it was difficult to make a loan because it was difficult to do so. The Defendants moved the victim into the above apartment house and let the victim lose the right to preferential payment.

In November 2014, the Defendants made a false statement to the Defendant, “In order to pay the balance of the house to the Defendant, the Defendant would be able to obtain a loan only KRW 5 million as a house security due to the lack of money. However, it would be difficult to obtain a loan if there is a tenant in the house, and it would not be able to move to another address only for one week, and there would be no problem at all.”

However, in fact, since the Defendants had no certain property at the time, unlike the promise with the victim, if the victim transferred to another place and lost the right to preferential payment, the Defendants were plans to take out the above apartment as collateral and divide the amount into money.

The Defendants conspired to induce the victim as above, thereby inducing the victim to do so on the 11st day of the same month.