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(영문) 인천지방법원 부천지원 2013.04.26 2013고단120
사기등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[2013 Highest 120]

1. Fraud against the victim C;

A. On September 2010, the Defendant: (a) knew that the Victim C (A) newly known to the Escopian Association located in D (AF) owned a detached house of KRW 8888 million in Seongdong-gu Seoul Metropolitan Government; (b) concluded that, with the knowledge of the fact that the appraisal in F in the said house was owned by a single house of KRW 73,000,000,000, the Defendant accessed the victim for the purpose of using the said house as collateral to obtain a loan from the financial institution for money; and (c) concluded that the Defendant

However, even if the defendant borrowed the victim's house as collateral, he did not have the intention or ability to make an investment in real estate.

Around September 24, 2010, the Defendant, by deceiving the victim, was granted KRW 300,000,000, out of KRW 310,000,000, from which the Defendant borrowed the said detached house owned by the victim as collateral at the Jambanpo Port on September 24, 2010.

B. Around December 8, 2010, the Defendant made a false statement that “The Defendant may receive a loan from the F Housing as collateral and purchase the land in the Gyeonggi-do mutual balance with the said money, and then remain a lot of profit if sold. 60-70% of the profit amount by realizing the profit.”

However, even if the defendant received additional loans, he did not have the intention or ability to purchase a fair land or redeem the loan instead.

The Defendant, by deceiving the victim as such, was given a loan to the said FF as security by the 445,898,185 won and repaid the existing livestock cooperative loan amounting to KRW 312,251,234 and received the remainder of KRW 133,646,951 from the victim.

2. On September 201, the defrauded G is approaching the victim G with the knowledge that it is necessary to construct a new building on the church parking lot site and “parking lot”.

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