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(영문) 의정부지방법원 2014.08.14 2014고정1142

사기등

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 27, 2014, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the District Court, which became final and conclusive on April 4, 2014.

"2014 Highly 1142"

1. Around September 2009, the defendant against the victim B, on September 2009, at the Jung-gu Seoul Special Metropolitan City Jung-gu Seoul Special Metropolitan City Jung-gu Sabane House, the defendant: "Around September 2009, the defendant had a house registered in the name of Jung-gu, Seoul Special Metropolitan City, which is located in Jung-gu, to offer it as security, loan only 10 million won, and he will be paid with only one month if he borrowed money, and he will be paid interest with two installments, and even if he sells the above house, he may be paid KRW 10 million even if he sells the house." On September 29, 2009, the defendant registered the establishment of a mortgage over the house above amount of KRW 15 million with the victim of the right to collateral security, the maximum debt amount of KRW 15 million.

However, in fact, the defendant not only did not have any particular property but also the above house offered as security is three cases of seizure due to tax delinquency by the Guri-si, the State, etc. around 2006, and on September 2, 2009, there was no actual value of collateral due to provisional seizure on the amount equivalent to KRW 20 million of the claims of the creditor Liquidation Corporation, Inc., Ltd., and there was no intention or ability to repay the above money.

Nevertheless, the defendant deceivings the victim as above, and then acquired 10 million won from the victim and acquired it by fraud.

2. In order to introduce the victim B through E to obtain a request from D to the effect that “the Defendant is aware of the person who can borrow money” from D, the Defendant had the intent to borrow money by forging a private document, uttering of a falsified investigation document, and fraud. In order to avoid the Defendant’s debt in collusion with D in collusion with D in order to avoid the Defendant’s debt by passing the Defendant’s debt under paragraph (1) on D, the Defendant intended to borrow money by forging and using an apartment lease contract providing the Defendant’s debt as security for the borrowed money.

The defendant who forged a private document in collusion with D on December 20, 2009 shall be D in the F building 305 room at the Namyang-si, Namyang-si.