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(영문) 인천지방법원 2019.08.28 2019고단4087
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Criminal facts

The defendant is the seller of the apartment unit B in Jung-gu Incheon, and C, D, E, F, G, H, I, and J are the persons who lent the title of the debt of the above apartment mortgage loan by receiving the loan payment from the defendant.

The above facts revealed that the Defendant, etc. were low in the sales performance of the above apartment and received a loan from the purchaser under the name of the purchaser, and actual C, etc., did not intend or have ability to purchase the above apartment. However, even if the above C, etc. did not intend to purchase the apartment, the Defendant, etc. came to gather to receive a security loan by deceiving the financial institution by preparing a false sales contract as if it actually purchased

On November 19, 2010, the Defendant: “B apartment K had already been paid to 200 million won as down payment and intermediate payment. The remainder remains at 60% compared to the purchase price; if the purchase price remains, the bank loan will be obtained and the remaining balance will be processed and the name will be changed after 3 months.” The consenting C borrowed the name from the above apartment sales contract office of the Nam-gu Incheon Metropolitan City, Incheon, without the intention or ability to purchase the above apartment, signed and lent it to the purchaser in the sales contract of the above apartment, and submitted it to the person in charge of the lending of the victim’s OO association; “The actual owner of B apartment and the principal of the loan interest and the principal would be repaid at the time.”

As above, the Defendant conspired with C to induce the victim, and received KRW 441,00,000 from the victim as a loan on November 24, 2010, and thereafter received KRW 441,00,000 from that time in collusion with each other by the same method until December 6, 2010 in collusion with each other, as shown in the separate crime list, received KRW 3.51,50,000 through eight times, as shown in the separate crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of the interrogation of police officers against G, E, I, D, F, C, and H.

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