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(영문) 서울중앙지방법원 2016.11.24 2015고단3761
사기
Text

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, for eight months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[2015 Height3761: Defendant A]

1. Around August 2011, the Defendant was aware of the fact that the Defendant committed the crime of fraud, and the victim G was unable to repay the amount equivalent to KRW 1.2 billion of loans secured by the building located in H in the Hanam-si of the Republic of Korea, and was going through the auction procedure, and intended to obtain money from the victim under the pretext of loan costs, etc. against the trusted victim.

around August 201, the Defendant stated that “The Defendant would prevent the Defendant from entering an auction by receiving a loan from a new bank on the lower-nam City building,” at the coffee shop near the Gangnam-gu Seoul Samsungdong, Gangnam-gu.”

However, the Defendant did not know the loan of a new bank, and did not have any intention or ability to suspend the auction procedure with the loan, such as there was no appraisal corporation's no appraisal request.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 17,350,000, including the sum of KRW 2,400,000 on August 10, 201, KRW 3,600,000 on August 12, 2011, KRW 24.3,850,000 on August 24, 201, KRW 510,00 on August 25, 201, and KRW 17,350,000 on September 3, 200, as well as KRW 3,000 on September 8, 201.

2. Around May 2012, the Defendant: (a) sought loans to purchase real estate outside and 21 parcels of land owned by the Victim K; and (b) introduced the victims to the victims as MN (N), a company specialized in lending, with the knowledge that the victims want to sell the real estate promptly to raise funds; and (c) intended to obtain money from the victims under the pretext of lending expenses, etc.

On May 17, 2012, the Defendant is required to conduct appraisal and purchase land at the victim J's coffee shop in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul.

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