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(영문) 의정부지방법원 고양지원 2017.11.23 2017고정1069

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal records] On April 24, 2015, the Defendant was sentenced to a suspended sentence of two years in the period of imprisonment for fraud, etc. at the Goyang Branch of the Jung-gu District Court on March 24, 2015, and the said judgment became final and conclusive on May 2, 2015.

[2] On November 12, 2010, the Defendant introduced the victims C (n, 55 years of age) of an officially recognized brokered private person through B’s real estate brokerage business. On November 12, 2010, the Defendant set up a mortgage with the maximum amount of KRW 20 million on the security of the land owned D, E, F, and G, and borrowed KRW 15 million including the existing debt of KRW 2 million.

On December 20, 2011, the Defendant, at the I real estate office operated by the victimized person H in Gangnam-gu Seoul, Gangnam-gu, Seoul, requested the victim to cancel the right to collateral security established in J parcel and to cancel it, the Defendant’s fraud would be changed.

The cancellation of the right to collateral security will be made by preparing a loan certificate, and other securities will be set up.

“A loan of KRW 15 million shall be paid monthly interest on KRW 2.5 million and shall be repaid until December 20, 2012.

“Preparation of a loan certificate,” and on December 30, 201, set up a maximum amount of KRW 20 million on the part of the Defendant-owned K 741 on December 30, 201.

그러나 사실 피고인은 피해 자로부터 근저당권 설정을 말소시켜 그 필지를 다른 사람에게 매도 하여 그 돈을 가로 챌 생각뿐이었으며, 피고인 소유의 K 741호는 이미 길음 중앙 새마을 금고로부터 선순위로 채권 최고액 3,380만 원 근저당권이 설정되어 담보 가치가 전혀 없으므로 피해자에게 빌린 1,500만 원을 처음부터 갚을 생각이 없었다.

Nevertheless, on January 4, 2012, the Defendant, by deceiving the victim, had the victim cancel the right to collateral security established on the above parcel, thereby acquiring pecuniary benefits equivalent to KRW 15 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A copy of a loan certificate (value 15 million won) and each registered matter;