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(영문) 서울중앙지방법원 2018.05.24 2017고단6974

사기등

Text

Defendants shall be punished by imprisonment for ten months.

However, each of the above penalties shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2017 Highest 6974- Defendant A] around August 12, 2016, the Defendant would allow the victim E to borrow KRW 11 billion until September 2, 2016, by offering the victim E with the land of “(240,784 square meters) 795,981 square meters (240,784 square meters) of 57 square meters outside the Gyeonggi-do Mapo-si, Seocheon-si, Gyeonggi-gu, Seoul.

“The phrase “ was false.”

However, there was no previous arrangement of loan with land as collateral, and there was no intention or ability to arrange loan to the complainant because there was no certain income at the time.

The Defendant received 35,00,000 won from the injured party, i.e., the Defendant’s G bank account (H) to the Defendant’s G bank account under the pretext of real estate consulting agreement, and received the remittance of KRW 43,80,000 through nine times in total as the following crime sight table.

Accordingly, the defendant was given property by deceiving the victim.

[2017 Highest 8930- Defendant A, B]

1. The JJ, Inc. (hereinafter “J”) operated by Defendant B’s wife of Defendant B (hereinafter “Defendant B”), around March 25, 201, provides for the first floor Mho (hereinafter “the instant building”) of Jongno-gu Seoul, K ownership around March 25, 201.

When deciding to purchase a total purchase price of KRW 1.5 million, the down payment amount of KRW 50 million is paid on the same day, and the mid-term payment of KRW 8.5 million is paid by the debtor to the debtor to the debtor, and the J has to bear the loan. The remaining amount of KRW 1.5 million is paid in installments from April 20, 201 to June 20, 201.

Accordingly, regarding the building of this case, the right to collateral security was established on April 7, 201 with the debtor K, N, the mortgagee N, the maximum amount of claims KRW 822,200,000,000. On May 31, 2011, the right to collateral security was established with the debtor J, P, the mortgagee Co., Ltd. (after the change to P), and the maximum amount of claims KRW 182,00,000.

In doing so, J did not pay interest on the secured loan of each of the above subordinate rights, P Co., Ltd. applied for a voluntary auction on October 13, 2014 for the instant building. < Amended by Presidential Decree No. 25789, Oct. 13, 2014>