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(영문) 수원지방법원 2013.10.31 2013고단1372
사기
Text

Defendant

A Imprisonment for two years, Defendant B and C shall be punished by imprisonment for one year.

However, as to the defendant B and C,

Reasons

Punishment of the crime

[2013 Godan1372] Defendant A was aware of the victim H and weekend farm around May 201.

Defendant

A had been engaged in a fluorous behavior as if he had a fluorian victim, such as “I have a fluoral shop at home, and have an apartment in a fluoral area only in a fluoral area.”

Defendant

At around 10:30 on August 31, 201, A made a false statement that “I will immediately pay money with the remainder of the bid after receiving the bid payment after obtaining the bid payment if I would like to obtain the bid payment if I would like to obtain the bid payment if I would like to obtain the bid payment. I would like to obtain the remainder of the bid payment if I would like to obtain the bid payment if I would like to obtain the bid payment in KRW 55 million.”

In fact, Defendant A was unable to pay interest on financial right loans and was in a bad credit position, and there was only a bank debt without a certain amount of revenue, and the apartment house awarded the above successful bid is not awarded by Defendant A, but awarded the successful bid in the name of the husband of Defendant C, who is the seat of Defendant A, and thus, Defendant A did not have the intent or ability to pay the borrowed loan immediately even if it borrowed money from the victim.

Nevertheless, Defendant A, as mentioned above, made a false statement to the victim and obtained a letter of 55 million won check from the victim and acquired it by fraud.

[2013 Highest 2063] Defendant A paid 10% of the auction price in the name of the land owners, including Defendant B and Defendant C, as down payment, and received an apartment bid, paid the remainder of auction by borrowing the mortgaged apartment as collateral, acquired ownership in the name of the above land owners, and repaid the existing secured loan by obtaining a loan from a financial institution after drawing up a false lease contract and receiving a loan from a financial institution.

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