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(영문) 대전지방법원 2017.08.22 2017고단4

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

C (A) A (the name “D,” the suspension of prosecution on December 30, 2016), E (the name “F,” and the Seoul Southern District Court Decision 2017 Gobu District Court Decision 2017 Gobu 3691) intended to borrow money by offering it as security to a private financial company, an individual credit service provider, etc. after purchasing only the purchase price after deducting the deposit from the market price of the apartment at the market price on the apartment by means of abusing the fact that the legal relationship is not revealed solely based on the registration ledger, and then borrowing the money. C was the role of providing the purchase fund of real estate and leading the crime, E was the role of managing a person who can lend the owner’s name at the time of purchase of the apartment at the request of the above E, and the Defendant was each recruited to act as the owner at the time of purchase of the apartment, and the registration of transfer of the ownership in the name of the Defendant with respect to Cheongju-dong apartment under the name of the Defendant.

On September 11, 2009, the Defendant borrowed KRW 67,500,000 from the above J on the condition that the Defendant set up a right to collateral security of KRW 67,500,000 for the Cheongju-gu G Apartment-gu G Apartment-gu 108 Dong 104, where ownership transfer was made in the name of the Defendant to the victim J, a credit service provider, at the office of 502, Seo-gu International Attorney-gu, Seo-gu, 2009, and issued a letter of access to the transferred household, stating false details as the Defendant is living together.

However, in fact, K has resided in the apartment as the tenant and even if the right to collateral security has been established, it is not a situation that can preserve the claim.

The Defendant, in collusion with C and E, by deceiving the victim as such, received 45 million won as a credit cooperative account under the name of the Defendant from the victim, under the pretext of borrowing money.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial inspections of E.