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(영문) 인천지방법원 2021.01.29 2020고단377
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

[Defendant A's criminal records] On October 28, 2015, Defendant A was sentenced to a suspended sentence of two years for the purpose of criminal fraud at the Incheon District Court on October 28, 2015, and the judgment became final and conclusive on August 12, 2016.

[2] Defendant A: (a) failed to repay loans to the Gyeyang-gu Incheon, Gyeyang-gu, Incheon (hereinafter “the instant loan”); (b) failed to obtain some or all funds for the transfer of a house to the owner E at risk of being at risk of auction; and (c) failed to obtain the relevant house by means of a lease contract under the condition that he/she would not claim the return of the deposit upon the actual transfer of the loan; and (d) failed to collect the money invested within the scope of the preferential right to repayment of the small amount of the deposit out of the successful bid price by reporting the right to lease and demanding the distribution as if the deposit was returned; and (e) having the auction procedure completed the lease deposit,

Defendant

A around August 31, 2012, at the office of the second floor of the commercial building in Gyeyang-gu Incheon Gyeyang-gu, the second floor of the commercial building in Gyeyang-gu, Incheon, would sell and sell the loan of this case at KRW 70 million to E.

The consent was obtained with the proposal of “(i) the relevant documents, such as the lease agreement and the transaction agreement.”

Accordingly, Defendant A: (a) made a lease contract with the lessee as A; (b) one copy of the lease contract with the lessee as A; (c) one copy of the power of attorney to delegate the lease contract and the receipt of the price to A; (d) one copy of G power of attorney; (e) two copies of blank receipts; and (e) one copy of G real estate transaction contract with the buyer as H; and (e) one copy of G real estate transaction contract with the buyer; and (e) one copy of the loan contract with the special terms and conditions stated that “the seller shall be held responsible for the seller; and (e) one million won was transferred to E after being drawn up and delivered as of August 31, 2012; and (e) paid KRW 6 million in cash to E on September 3, 2012.

Since then, Defendant A does not seek any other lessee.

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