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(영문) 서울중앙지방법원 2015.05.28 2014고단6365

사기

Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

Reasons

Punishment of the crime

[2014 Highest 6365] Defendant B was sentenced to two years of imprisonment for a violation of the Game Industry Promotion Act at the Seoul Northern District Court on August 6, 2010, and the parole period was expired on May 25, 2012 when the sentence was executed in a female prison.

Defendant

A, in collusion with Defendant B, the victim G known of his knowledge, asked that the victim G would purchase the above real estate owned by the victim H in Ansan-si, Ansan-si. In collusion with Defendant B, Defendant B would buy the above real estate, and was committed as if Defendant B would purchase the above real estate, and was able to use the loan by receiving the loan from the bank as security.

Defendant

A on May 20, 2013, in the residence of the victim in Dongjak-gu Seoul Metropolitan Government I, a "B" will purchase real estate from the victim;

However, since the purchase price of the party is insufficient, it shall be paid 27.2 billion won in part by May 31, 2013 after receiving a loan from the bank on the high seas as security, and the same year.

8. The remainder shall be paid up to 31.

“Falsely speaking to the purport that “A” is false, and Defendant B made a false statement to the effect that “I do not know about the repayment of loans” while driving as if the victim would purchase the building.

However, the Defendants, upon receiving a loan from a bank, paid only a part of the loan to the victim as the purchase price of real estate, and there was no intention or ability to repay the loan due to the absence of any specific property or income from the victim.

On May 24, 2013, the Defendants took out loans of KRW 350 million in the name of Defendant B from Nando Mutual Savings Bank, and had the victim set up a right to collateral equivalent to KRW 525 million with respect to the said real estate as collateral.

As a result, the Defendants conspired to secure the above loans to the victim.