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(영문) 인천지방법원 부천지원 2018.06.27 2018고단428
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 2013, the Defendant, along with D, E, and F, purchased only the purchase price after deducting the lease deposit from the transaction price, although the relationship of rights is not revealed only by the entry of the registry, and planned to divide the loan by providing it as security to the credit service provider under the same conditions as that of the real estate without any lessee. D, E, the role of leading the overall crime, E, E, and F, the role of linking a person who can lend the name of the owner, and the Defendant conspired to act as the owner.

On January 3, 2013, the Defendant, along with D, E, and F, paid and purchased KRW 10 million,00,000,000 after deducting the lease deposit and the obligation to the national bank, and registered the ownership transfer in the name of the Defendant on the same day, and the Defendant, on January 14, 2013, registered the said apartment as the owner of the house as the resident on January 14, 2013 in order to show that the owner of the house actually resides in it.

After that, the Defendant and E, around February 1, 2013, set up the right to collateral security on the above apartment with the victim K in the J lending enterprise operated by the J lending enterprise located in H. 1312 of the Dong-gu Seoul Metropolitan Government H building 1312.

“.....”

However, the facts are that the former owner and the lessee were in the position of the lessor by accepting the lease contract of KRW 120,000,000 which was concluded with respect to the apartment of this case, and the lessee had completed the move-in report and completed the move-in report by the delivery of the above apartment. Therefore, the victim may also lend money to the Defendant and guarantee the amount of the lease.

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