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(영문) 서울중앙지방법원 2017.12.08 2016고단5258
사기
Text

Defendants shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendants conspired to obtain double loans from financial institutions as security F apartment No. 104-dong 801 (hereinafter “instant apartment”) in order to obtain double loans from financial institutions, Seo-gu, Incheon Metropolitan City.

On September 19, 2014, the Defendants agreed to set up a collateral security of KRW 300 million with the maximum amount of claims KRW 250 million in the name of Defendant A, at the location of the Korea Foreign Exchange Bank, Korea, Inc., Ltd., Ltd., the victim of Seocho-gu Seoul Metropolitan Government (hereinafter “victim”). At the H branch, the victim’s lending team leader, and the apartment of this case, the victim of this case, as the first priority mortgagee.

However, in fact, the sale price of the apartment in this case was KRW 430 million. On the same day, the Defendants decided to set up the right to collateral security of KRW 336 million with the maximum amount of the claims against the Hancheon Non-Life Insurance Co., Ltd. (hereinafter “ Hancheon Non-Life Insurance”) as the first priority right holder of the apartment in this case, and agreed to obtain KRW 280 million with the Defendant’s name to obtain a loan of KRW 280 million. The Defendants were the need to set up the right to collateral security in preference to the victims of Hanhwa Non-Life Insurance.

Nevertheless, the Defendants conspired to induce the victim, thereby deceiving the victim as such, to transfer the amount of KRW 250 million to the foreign exchange bank account (J) in the name of the Defendant A (the actual remittance amount of KRW 150,000,000 less KRW 75,000,000,000, which is 500,000) under the name of the Defendant on the same day from the victim, as a loan, and acquired a collateral security from the non-life insurance under the name of the Defendant, with the establishment of a collateral security in the foreign exchange bank account in the name of the Defendant, and acquired it by means of creating a collateral security to the victim under the foreign exchange bank account in the name of the Defendant.

Summary of Evidence

1. The Defendants’ respective legal statements

1. The witness A’s legal statement (defendant B)

1. The legal statement of the witness B (as to the defendant A)

1. Each legal statement of witness I, K, and L 1.

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