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(영문) 서울남부지방법원 2014.09.12 2014고정2411
사기
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

With a person who is called W, the Defendant, along with the person who is called W, deleted the record of lessee on the details of the transfer household inspection, and conspired to borrow money from the victim by borrowing the money from the victim as security, after which the lessee acquired the opposing power by making a move-in report.

On May 18, 2012, the Defendant, along with the foregoing W, presented the victim’s YA apartment at the YA office located on the third floor of the YA building X building at the Government-si around May 18, 2012 that “to provide the victim’s apartment as security if borrowing KRW 60 million,” and presented the victim’s Z as security by setting up a maximum debt amount of KRW 90 million at the 301 Dong Dong-dong-dong, Busan Metropolitan City, 512, the obligee, the obligee, and the obligor, and at the same time, a detailed statement of the moving-in household perusal in a false way as if the tenant resides in the non-resident without completing the contract.

However, the above apartment house had already been residing by the tenant AB after the moving-in report as of December 14, 201, and thus, even if the victim created the right to collateral security, the prior tenant did not have the value of collateral security and there was no intent to repay the money even if the tenant borrowed money from the victim.

The Defendant, in collusion with W, by deceiving the victim as such, received 58,200,000 won from the victim as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning the Z;

1. Application of Acts and subordinate statutes concerning a mortgage contract, a loan certificate, and a statement of transfer household;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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