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(영문) 수원지방법원 2017.02.08 2015고정1615
사기미수등
Text

Defendant

A 10 million won, Defendant B 4 million won, and Defendant C 7 million won, respectively.

Reasons

Punishment of the crime

Defendant

A is an employee of the insurance company, Defendant B is an employee of the certified judicial scrivener office, and Defendant A is an affiliated person with Defendant A’s children, and Defendant C is a self-employed.

Defendant

A around October 16, 2009, around JJ 962 square meters (hereinafter “instant land”) between the victim H and the deceased I, the husband of the victim, are Defendant B, and the purchaser shall have the purchase price of KRW 80 million, the down payment of KRW 30 million, the intermediate payment of KRW 30 million, the remainder of KRW 47 million, and the victim shall receive KRW 45 million from the Suwon Saemaul Bank of Korea to pay the principal and interest of the loan after appropriating the land as the part of the purchase price. In order to prevent double selling until the buyer paid the remainder of the purchase price, and to prevent double selling until the buyer’s acquisition of farmland, A established a right to collateral security at the maximum amount of KRW 162.5 million.

After that, on October 23, 2009, pursuant to the above agreement, the victim used the land in this case by obtaining loans of KRW 45 million from the Saemaul Bank of Korea, and delivered the passbook and seal in the name of the victim to the defendant A for the convenience of paying interest on the loan, etc. on the security of the land in this case. On November 2, 2009, the victim made a registration of the establishment of the right to collateral security with the maximum amount of KRW 130 million for the defendant B, and the defendant A paid the interest on the loan until February 2012.

Defendant

A, as the I died on February 1, 2010, kept the victim’s seal as above. Defendant B’s possession of the registration of the establishment of the right to collateral security in the name of the victim, made a false loan certificate in the victim’s name, and used it to receive KRW 100 million by filing a civil lawsuit against the victim.

1. Defendant A who forged a private document shall be at the place where the location of the light on June 2012 is unknown.

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