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(영문) 의정부지방법원 고양지원 2013.07.18 2013고단148

사기등

Text

Imprisonment with prison labor for the crimes of No. 1 in the judgment of the defendant, and for the crimes of No. 2, 3, and 4 in the judgment of the court below, six months.

Reasons

Punishment of the crime

On June 25, 2009, the Defendant was sentenced to a suspended sentence of ten (10) months of imprisonment for a crime of fraud in the Jung-gu District Court Goyang Branch of the District Court on October 25, 2009, and the said judgment became final and conclusive on July 3, 2009. On September 1, 2011, the same court was sentenced to a suspended sentence of two (2) years of imprisonment for a crime of fraud and became final and conclusive on November 17, 201.

"2013 Highest 148"

1. Around September 12, 2006, when the Defendant was working as the Chairman of the Steering Council for the Promotion of the Development of the C Redevelopment", the Defendant made a false statement to the victim E, a victim E, and the victim F, “G” operated by Gyeyang-gu, Soyang-gu, Soyang-si, the Defendant would be responsible for and resolve the amount of KRW 600 million for the victim’s premium in return for the receipt of the loan under the name of the victim where the C would be redevelopment.”

However, the fact is that there is no executor who promotes redevelopment for the above C Group, and it is not possible to redevelopment at any time. However, there is no certain income of the office operated by the defendant, and even if the office was borrowed under the name of the victim because there is no particular property in the name of the defendant, there was no intention or ability to complete the repayment.

After all, the Defendant, who was the victim F on the 29th day of the same month, acquired documents related to loans secured by the land and buildings located in the Dongjak-gu Seoul Metropolitan Government H, the victim F, and on the same day, established the right to collateral security of the said real estate with the maximum debt amount of KRW 315 million, the debtor F, and the mortgagee of the right to collateral security, and acquired the pecuniary benefits equivalent to KRW 180 million from the stateJ.

The Defendant, as described in paragraph 1, did not have obtained consent from L, the owner of the house in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul, where the Defendant was residing in, from E, to pay money for the loan of the F’s house as collateral or to request the purchase of collateral, as stated in paragraph 1.