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(영문) 의정부지방법원 고양지원 2015.02.05 2014고단2502
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000. If the Defendant fails to pay the said fine, 100.

Reasons

Punishment of the crime

[Attachment] On April 22, 201, the Defendant: (a) was a person in a personal relationship with E; and (b) on April 22, 201, the Defendant was awarded a successful bid for G apartment 2 complex No. 207 and No. 405 (hereinafter “instant real property”); (c) on April 28, 2011, at the J Licensed Real Estate Agent’s Office located in Pakistan-si I, the Defendant: (a) leased the instant real property to K in a deposit amount of KRW 75 million; (b) at the time of receiving lease deposit, the Defendant paid the instant real property in a reduced amount of KRW 145 million,000,000,000,000,0000,000,000,000 won, which was paid with the Defendant’s mother, and (d) concluded a contract to cancel the right to collateral security under the pretext of cancelling the deposit.

【Criminal Facts】

Around May 27, 2011, the Defendant and E are not a certified judicial scrivener, and even if the Defendant received the remainder of the deposit from the victim K, the Defendant and E repaid KRW 50 million out of the first priority collateral obligation set up on the said real estate, and despite the absence of the intent or ability to register the reduction of the above right to collateral security, E introduced the Defendant as a certified judicial scrivener, and then, “I would like to leave KRW 50 million out of the above real estate’s collateral obligation of KRW 145 million out of the amount of KRW 150 million out of the above real estate’s collateral obligation of KRW 50 million in full, and make a registration of the reduction.” The Defendant, while carrying out a certified judicial scrivener’s conduct, prepared the procedure of proving that “I will discharge part of the above obligation upon the delivery of the deposit.”

Accordingly, the Defendant, in collusion with E, deceiving the Victim K as above, and deceiving it from the victim.

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