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(영문) 의정부지방법원 2014.09.16 2014고정1131
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

When there is a protection facility operated by a church, the Defendant lent the name to a person who referred to as "B business," who purchased an apartment under the name of the Defendant, and conspired with the above "B business," to provide the apartment as security, and to participate in the crime of acquiring the apartment by acquiring the loan.

Around June 16, 2012, the above “B business” provided the said apartment as security by setting the maximum debt amount of KRW 120 million by setting up the right to collateral security at the creditor of the victim’s wife G, which was registered in the name of the defendant, as the victim’s wife G, 109 and 1405, which was registered in the name of the defendant, at the Certified Judicial Scriveners Office located in Jung-si, the Government-si, Seoul, as the defendant, around June 16, 2012.

However, although the above apartment house offered as security had a price of approximately KRW 130 million, the above apartment house had already been occupied by the tenant H of KRW 120 million on March 17, 2011, and had no value as a security because it had already been living in the lease deposit of KRW 120 million on March 17, 2011, the defendant made a statement of the transfer household inspection with the content that the tenant did not have any tenant for the purpose of hiding such fact in a fake manner and deceiving the victim.

The Defendant, while borrowing money as above, conspiredd and participated in the crime by lending the name of the Defendant to the said “B Business”, and obtained KRW 80 million from the victim as a loan around June 16, 2012, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of the details of inspection by each transfer household, copies of bankbooks, contracts for establishment of collateral security, register of apartment house register, certificate of right registration, report on right, application for dividend, and statutes on real estate lease contract;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.

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