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(영문) 서울남부지방법원 2013.06.19 2012고단1110 (1)
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

Defendant

A and D have become aware of around 2008 and became a social post-management relationship, and E and F have become aware of around February 2009, and have become a social post-management relationship.

Defendant

On May 209, A and D came to know that G Co., Ltd. in the operation of the Victim C was faced with the financial crisis, and the fact was not possible to obtain a loan through F to the victim as collateral, but otherwise, as if it would receive a loan, I would like to obtain a loan from the victim, and would receive money from the victim as loan expense. On June 25, 2009, I introduced F as a real estate consulting expert to the victim on the part of the victim.

On June 30, 2009, the Defendant, D, and F: (a) while getting on and off the vehicle near the I University located in Seocho-gu Seoul Metropolitan Government, with the victim, D may obtain a loan of KRW 500 million; and (b) F, “F may have a main complex building located in the territory of the company operating the victim with the right to dispose of at least 6 billion in the market price at which the purchase and sale was requested; (c) transferred the ownership under the name of the company operating the victim; and (d) borrowed the ownership as collateral; and (e) KRW 50 million out of the remainder of the loan except for the purchase fund of the said building; (d) D may provide the owner of the said building with a loan of KRW 5 million; and (e) F may secure the payment of KRW 35 million in the name of the party head’s commitment; and (e) Defendant A stated that “I will not obtain a loan of KRW 600 million.”

However, in fact, F did not have been delegated the authority to sell the above building, and even if Defendant A and D are well aware of these circumstances and receive money from the victim as a loan expense, they did not have the intent or ability to make a loan to the victim.

On July 1, 2009, the defendant, D, and F conspireds with the victim, thereby deceiving the victim, and are under the name of the defendant A, 35 million won for loan expenses.

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