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(영문) 의정부지방법원 2016.12.23 2015고단4301

사기등

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

1. Defendant A’s fraud (2015Hadan4301) at the office of “F Company G” located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, on March 2013, the Defendant leased KRW 50 million to the victim H, who had the right of retention of KRW 2.5 billion in relation to “B” I and J land, and as he/she intends to implement a project on the said land, he/she borrowed KRW 50 million in sales contract so that the successful bidder of the said land can purchase the said land from K. However, if the subrogated registration of urban residential housing in another construction site is made at another construction site, he/she lends money from the bond company;

5. It shall give KRW 100 million at the horse.

The phrase “the phrase was false.”

However, in fact, the defendant did not have a lien in relation to L's land, and was registered by subrogation in the name of a third party in relation to the above urban residential housing constructed by M's stock company and did not have the intention or ability to receive the loan.

Around March 14, 2013, the Defendant, by deceiving the victim, received KRW 50 million from the victim, to the account of community credit cooperatives in the name of N designated by the Defendant.

2. The Defendants’ co-principal (2015 order 4301)

A. Defendant A requested the above H to provide a security for the above loan, and Defendant B, the former representative director of M&A, known in connection with the registration of subrogation of the above urban-type residential housing, requires two copies of the sales contract in the name of M&A for financing, and Defendant B consented thereto, Defendant B, who formed a sales contract with qualification as the Defendants.

The Defendants, on January 22, 2013, resigned from the representative director of M Co., Ltd., and on March 2, 2013, even though there was no delegation from P Co., Ltd., the representative director of M Co., Ltd., for the preparation of the sales contract, the Defendants were constructed in the vehicles of Defendant B, which were parked in front of the Duddong-dong-dong-dong-dong-dong.