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(영문) 인천지방법원 2015.06.03 2015고단532
사기
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above penalties shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B On August 7, 2013, the Incheon District Court sentenced 5 months of imprisonment for fraud and 1 year of suspended execution, which became final and conclusive on August 15, 2013.

[Attachment] Defendant A, as the owner of F apartment 506, 401, 501, in Bupyeong-gu, Incheon Metropolitan City, was granted loans of KRW 142,270,000 from the Korea Standards Bank around December 2008, and established a collateral of KRW 168,000,000 from the maximum debt amount. Defendant A, while operating a restaurant in the trade name of “H” from Bupyeong-gu, Incheon Bupyeong-gu, in the name of “H”, borrowed KRW 25,00,000 from I around August 2009, and borrowed KRW 25,00,000,000 from I around February 201, 2010, it was difficult to repay the above interest payment due to economic aggravation, and it was difficult to repay the principal and interest of the loans as above. Around May 2011, there was no capacity to waive the above “H” due to the waiver of its operation.

Defendant

On October 201, A had been seeking measures to repay the above loan obligations, on the contact point known through the rice Luxembourg market in early 201, which became known to the police officer, and asked him/her of a security loan. The defendant B, who became aware of the economic situation of the defendant A, delegated his/her authority to establish the lease contract for the above apartment, proposed that he/she will enter into the lease contract with the name of K operating the J Licensed Real Estate Agent Office and dispose of the above apartment by taking advantage of the name of K operating the J Licensed Real Estate Agent Office and making the lease contract go beyond the auction, and the defendant A accepted the above proposal.

【Criminal Facts】

On November 13, 2011, at the J Licensed Real Estate Agent Office located in Nam-gu Incheon Metropolitan City L, Defendants conspired to enter into a lease contract with the victim M as if they could maintain the lease relationship in accordance with the contractual terms, the lease term was from December 1, 201 to December 1, 2013, and the lease deposit was 26 million won.

However, at the time of fact.

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