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(영문) 서울남부지방법원 2017.11.02 2016고단5986
사기등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 3, 1995, the Defendant resided in Yangcheon-gu Seoul apartment, 734 Dong 106, and entered into a lease contract with the Defendant on October 15, 2015 with the Plaintiff as to D apartment and 16 million won for D apartment and 304 Dong-dong, Jung-gu, Incheon, the Defendant owned on October 15, 2015, and E resided in D apartment from October 22, 2015.

From around March 1996, the Defendant purchased D apartment houses and FF shopping underground 9 around 2006, and purchased D apartment houses and FF shopping district underground 9, the Defendant assumed the creditor bank a total of KRW 22,100,000,000,000 to the creditor bank. On March 2013, 2013, as LED sales business began and became neglected, the Defendant was liable for the credit card use and private financing rights to pay for living expenses in order to reduce the sales amount, and the Defendant was also liable for the debt amount of KRW 50,00,00 with loans from the credit card use and private financing rights. In fact, as the LED sales business was closed, the Defendant was pretended to reside in D apartment without the tenant, while engaging in a normal operation of D apartment without the tenant, and decided to obtain loans from the creditor bank as a collateral and repay the debt and the payment for using the credit card.

On February 29, 2016, the Defendant, at the H community service center located in Yangcheon-gu Seoul Metropolitan Government around February 29, 2016, filed a move-in report as if he/she had been continuously residing in C apartment, and requested the tenants of D apartment to file a move-in report at a different place, and ordered E to move-in report at the Jung-gu Incheon Metropolitan City G and 15 Dong 101.

On March 9, 2016, the Defendant offered D apartment units as security at the 6th floor of the Seoul Dongdaemun-gu Seoul Metropolitan Government I building, Dong personal financial branch, Dong-gu, Seoul, and at the J's staff member Co., Ltd., the victim Aju Capital Co., Ltd., the amount of KRW 114 million, the loan period of KRW 30 million, the loan period of KRW 5.24%, and the annual interest rate of 5.24%.

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