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(영문) 서울동부지방법원 2018.05.31 2017고단1017
사기
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for one year and two months.

However, as to the Defendants, this is against the Defendants.

Reasons

Punishment of the crime

[Presumption Facts] On January 31, 201, the Defendants agreed to borrow KRW 300 million from H to January 30, 201 to pay KRW 500 million. On the same day, the Defendants purchased Gyeonggi-do forest land 496 square meters (hereinafter “the instant forest”) and registered ownership transfer in the name of Defendant A in the instant forest as security for the said KRW 500 million obligation, and set up a mortgage on the instant forest with “D’s mortgagee,” and “the maximum amount of the claim KRW 500 million,” but failed to pay the amount of damage even after the expiration of the payment period.

On the other hand, on the other hand, the victim J was in the process of purchasing the land owned by the association members individually after consultation with the collective replotting association (the president L) formed by the landowners in the project site as the housing project implementer that proceeds from the apartment housing project in Gyeonggi-do, which includes the instant forest and field around 2016.

[2] On March 14, 2016, the Defendants concluded a sales contract to sell the instant land to KRW 269,165,000 on behalf of the victim company at the office of the victim company located in GM building 205 on behalf of the victim company in Gyeonggi-si, the Defendants asked N about whether the right to collateral security established on the instant land can be terminated, and Defendant A asked N to N, “The actual owner is B, and it is possible to resolve upon contact with B because B has documents related to the termination of the right to collateral security right,” and asked N in contact with B about the termination of the right to collateral security by contact with B, “The documents related to the termination of the right to collateral security is held, and the maximum amount of the right to collateral security is set at KRW 50,000,000,000, but the actual amount of debt secured by collateral security can be resolved only by the purchase price of the instant land.”

However, in fact, the Defendants did not have documents related to the termination of the neighboring mortgage, and there was no prior discussion about the termination of the neighboring mortgagee H and the neighboring mortgagee, and 50 million won of the initial repayment.

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