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(영문) 서울중앙지방법원 2015.12.24 2015고단4949

사기

Text

Defendant

A Imprisonment with prison labor for one year and for six months, each of the defendants F.

However, this judgment is delivered against Defendant F.

Reasons

Punishment of the crime

On January 24, 2014, Defendants and K did not complete the registration of establishment of a mortgage on L real estate of Geumcheon-gu Seoul Metropolitan Government and the Daegu Suwon-gu M M real estate (hereinafter referred to as the “N”) with the mortgage, but did not pay money from the victim by deceiving the victim as if they could supply the said real estate to N as security and supply it to the victimO.

On January 24, 2014, at the coffee shop located on the first floor of Q Hospital located in Songpa-gu Seoul Metropolitan Government P, K shows the victim’s mortgage contract, power of attorney, and product sale (supply) contract with the forged N, and as if you were to be provided with the iron plates, and the Defendants were allowed to provide the above real estate to N as collateral from the prop of the real estate in Geumcheon-gu Seoul Metropolitan City, Geumcheon-gu, with the permission of the Defendants to offer the above real estate to N as collateral, and the Defendants made a false statement as if they could immediately offer the above real estate to N as collateral.

However, the Defendants and K did not obtain permission from the Geumcheon-gu Seoul Metropolitan Government L Real Estate and the Daegu Suwon M Real Estate as a collateral for the said real estate, so they could not offer the said real estate as collateral, and there was no intention or ability to supply the iron plates as agreed otherwise by the victims.

Nevertheless, the Defendants and K conspired to induce the victims as such, and they received 120 million won from the victims to the corporate bank account in the name of the Defendant A under the pretext of the advance for the supply of the iron market in the same place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's protocol of interrogation of the Defendants (including K's statement)

1. The suspect examination protocol of K by the prosecution;

1. Statement made by the prosecution against theO;

1. A certificate of all matters to be registered, basic agreement and contract, money borrowed, and written confirmation of the results of electronic financial transfer;