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(영문) 서울서부지방법원 2013.11.28 2013고단1928
사기
Text

Defendant

A Imprisonment with prison labor for the crime No. 2 and No. 3 of the judgment of the court below in 8 months, and Defendant B.

Reasons

Punishment of the crime

[Criminal Justice] On March 24, 2010, Defendant A was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud at the Seoul Western District Court on June 24, 2010, which became final and conclusive on August 10, 2010. On July 4, 2013, Defendant A was sentenced to a five-month imprisonment with prison labor at the Seoul Western District Court on July 4, 2013, and that judgment became final and conclusive on August 29, 2013.

【Criminal Facts】

1. Defendant A and B (Fraud against Victim G) committed as if the Defendants were engaged in the work related to the appraisal and lending of ordinary real estate with H (Death, Nov. 18, 2009) and a person with no name (name I), Defendant A and B were willing to receive money from the victim G who requested the lending of real estate as collateral and to receive money from the victim G who requested the lending of real estate. Defendant A would be able to make a high appraisal report by requesting an appraisal from the person with no name, and Defendant B conspired to borrow money under the name of the victim by lending the account under his name to the person with no name and to receive money from the victim.

Defendant

A around October 26, 2009, at the loan brokerage office of the financial institution (main) K office of Eunpyeong-gu Seoul Metropolitan Government (J), through L, a loan broker L, to conduct an appraisal by requesting I to conduct an appraisal of at least 4.3 billion won for the NN buildings and land owned by the party in Seoul Special Metropolitan City (Seoul Special Metropolitan City). The cost of KRW 30 million is required first, and the amount of KRW 10 million is paid in advance, and later the appraisal is changed if the appraisal is conducted later.”

However, the Defendants did not have the intent or ability to issue an appraisal report of KRW 4.3 billion even if they received a request for appraisal of real estate, and the fees received from the victims were to be used as an individual debt repayment, etc.

As a result, the Defendants conspired with the name-free box or H, and such a victim.

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