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(영문) 수원지방법원 안산지원 2016.09.30 2015고합337

특정경제범죄가중처벌등에관한법률위반(사기)

Text

The defendant is innocent.

Reasons

1. The summary of the facts charged C is that in the case of the real estate on which the amount of the right to collateral security is already set up with the Defendant, the Defendant would cancel the existing right to collateral security without paying the down payment.

In light of the fact that even if the ownership transfer registration can be obtained in advance, the actual market price is set up and the registration of ownership transfer of real estate is completed without paying the purchase price, and the real estate is provided as security, and the amount remaining after receiving money exceeding the existing loan was appropriated.

As above, in order to obtain a maximum amount of loans, it is necessary to be called “a loaner” with good credit. As such, the Defendant relatively good credit, and the Defendant is a relatively good real estate transaction, and the victim D, who was living together with the Defendant, is in a relationship with the Defendant, and is in a relationship with the Plaintiff as “a loaner,” and manage “a loaner,” and C is in charge of the acquisition of real estate ownership, preparation of documents necessary for the process of lending the real estate as collateral, and mediation of financial institutions, etc.

C and the Defendant, in accordance with the above plan, purchased the instant land in the name of the victim in the name of Pyeongtaek-si E (hereinafter “instant land No. 1”) with a size of 743 square meters (hereinafter “F, 171 square meters prior to G, 191 square meters prior to H, 112 square meters prior to H, and 57 square meters prior to I), 61 square meters prior to J, K 78 square meters prior to K (hereinafter “instant land”), 286 square meters prior to L, 286 square meters prior to M, 260 square meters prior to M, 320 square meters prior to N, in the name of the victim, and offered the instant land as a loan under the name of the victim and the Defendant to acquire the relevant loan.

Accordingly, on November 2013, 2013, the Defendant purchased the land and newly built the land lending to the Defendant to sell the land to the Defendant, and the Defendant should have the land loaned as security.

The name of the registration and the name of the loan for the land of this case.