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(영문) 서울중앙지방법원 2015.12.03 2015고단6359

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The facts include the suspect, the name "C", the name "D", and the name "C", etc., are apartment pre-contractor, and there is no value as a collateral. As if there is no pre-contractor, there is no value as a collateral, in order to mislead an individual credit service provider to provide apartment as collateral and to obtain money under the name of loan. The above D, etc., shall command the defendant as a total liability. The above C, etc. introduced the defendant to the above D as a registered titleholder who is entitled to receive the registration of ownership transfer of apartment, and accompanied the defendant at the time of the sale of apartment, the establishment of the right to collateral security, and the defendant was accompanied with the defendant at the time of withdrawal of the apartment, and the apartment used for the crime of fraud

Around May 24, 2011, the Defendant, in collusion with the above D and the above C, presented to the victim H and I the “G Co., Ltd.’s “G Co., Ltd.” office located in Gangnam-gu Seoul, Seoul E and fourth floor, the document stating that “No former tenant exists any apartment house of 104 Dong-dong 601, J. J. 101 (hereinafter “the apartment of this case”) owned by the Defendant.” The above apartment is false to the effect that “A request the victims to lend the money in return for the establishment registration of a neighboring mortgage in the name of the victims.” The victims are residing only in the apartment of this case as of May 18, 2011.”

However, on March 21, 201, the Defendant leased the apartment of this case to K for a fixed period of KRW 125 million and the lease period of KRW 125 million from April 21, 201, and the fixed date was obtained on April 21, 201 by the said K around April 21, 201. In addition, the Suwon District Court of Suwon District on April 21, 201 received the transfer registration of ownership due to L from April 21, 201, on the instant apartment, as the ownership registration for the instant apartment was received from L as stipulated in Article 62532 on April 21, 201, the Defendant may set the right to collateral security higher than the right to lease the fixed date to the victims.