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(영문) 수원지방법원 2014.10.22 2013고단4296
사기등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

【Basic Facts C” around November 3, 2009 agreed to borrow KRW 125 million to the victim D with interest rate of 2% per month and to repay the principal and interest after six months.

Accordingly, as a security for the above borrowed money, C completed the registration of the establishment of a neighboring establishment with the amount of KRW 250 million on the temporary registration of the right to claim a transfer of ownership and the amount of KRW 257,00,000,000,000,000,000,000 won in 1,000,000,000 won in 1,000,000,000,000,000,000

Afterward C reimburses the victim of KRW 110 million on October 7, 2010, and KRW 25 million on April 3, 2011, and reimburses the victim of the same year.

6.2. The Seoul Southern District Court deposited the remainder of KRW 17.68 million with the Seoul Southern District Court. However, as the victim delayed the receipt of the deposit on the ground that the payable amount was payable, C filed a lawsuit with the Seoul Southern District Court on November 7, 2012 against the victim and E seeking the transfer of the above claim for transfer of ownership transfer (Seoul Southern District Court 2012dan75653).

【Criminal Facts】

A. Around March 30, 2011, the Defendant and C conspired to arbitrarily cancel the right to collateral security equivalent to KRW 250,000,000,000,000 for the victim’s maximum debt amount set out in the 206m2 in the office of a certified judicial scrivener in the Dongjak-gu Seoul Metropolitan Government Jbuilding at the office of the certified judicial scrivener K-gu, Seoul Metropolitan Government.

Accordingly, the defendant and C shall request K to cancel the above mortgage at the above date, time and place, and K shall again have its employees L, "57 square meters of 1.57 square meters of 1.57 square meters of YY-gu I forest in Gyeonggi-do", "Cancellation on 30 March 201" in the real estate indication column in the letter of proxy form, "Cancellation of collateral mortgage" in the column of purpose of registration, "Cancellation of collateral mortgage" in the letter of registration No. 170943 of 209, Nov. 03, 2009, and "right to collateral security registered" in the letter of registration No. 170943 of 102-203, Seongdong-gu NE Daejeon Metropolitan City, Suwon-gu P apartment-gu Seoul Metropolitan Government, and "Y apartment-205" in the letter of proxy form, and at will be changed back to the name.

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