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(영문) 의정부지방법원 2015.03.31 2014고단2853
사기
Text

Defendant

A Imprisonment with prison labor for eight months and for ten months, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants offered an apartment house in the name of Defendant B with the husband and wife as collateral and offered money to the third party, as if they did not have any fact despite the lessee’s existence.

Therefore, on June 24, 2013, the Defendants, at the Songpa-gu Seoul Metropolitan City Yandong, stated that “The 221-dong 221-dong 1403, Seoul, Gwanak-gu, Seoul, which is named B, is a apartment house with a trading price of KRW 350 million and a loan of KRW 140,000,000,000,000 and there is no tenant. If a mortgage is established in a party’s name and a loan of KRW 100,000,000,000 is a apartment house, the Defendants made a false statement to the effect that “The 2-month interest shall be paid every month, and the 100,000,000 won

However, on January 28, 2012, the Defendants: (a) leased the above apartment to F with the deposit of KRW 210 million; (b) around that time, F obtained a move-in report and a fixed date and obtained a prior financial right loan to the above apartment; and (c) there was no substantial collateral value for the victim.

Ultimately, the Defendants set up the right to collateral security on the above apartment and received KRW 100 million from the Defendant B’s account on the same day.

Summary of Evidence

1. The defendants' statements in the first trial record;

1. Statements made by witnesses G in the second trial records;

1. Statement made to D by the police;

1. A detailed statement of transfer household inspection;

1. The apartment charter contract;

1. Application of Acts and subordinate statutes for the submission of field photographs;

1. Relevant Articles of the Criminal Act and the selective Defendants of the punishment: Articles 347 (1) and 30 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: The conditions favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Defendant A has no record of punishment exceeding the fine, and Defendant B has a record of criminal punishment.

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