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(영문) 인천지방법원 2017.10.20 2017고단5870
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the child of E, who is the nominal owner in the name of Yeonsu-gu D Apartment 202, 502, 202, 703, and F are real estate brokers.

On April 2013, the Defendant and the Defendant promised F to purchase the above apartment in the name of E if the Defendant lent the name of father E of the Defendant to F, and F to obtain the above apartment in the name of E, and F to pay the principal and interest of the loan from financial institutions.

F purchased the above apartment without any special financial power around April 5, 2013 in the name of E, while obtaining a loan of KRW 260,00,000 from the Saemaul Bank of Korea to the above apartment 202 Dong 502-dong 502 from the Saemaul Bank of Korea, and obtained a loan of KRW 217,00,000 to the above apartment 202-dong 703, and received a loan of KRW 217,00,000 to the above apartment 20-dong 703, thereby creating a collective security right of KRW 282,10,000 to the Saemaul Bank of Korea, to pay the total amount of KRW 400,00 to the Saemaul Bank of Korea. Since July 2013, it was impossible to pay interest on the above loan, and thus, it applied for a voluntary auction from the Saemaul Bank of Korea.

Accordingly, the Defendant: (a) concluded a lease contract with F with F to take part in the deposit money; (b) concluded a lease contract with F; and (c) concluded a delegation contract with F so that F can enter into a lease contract with the said apartment; and (d) secured the delegation and seal of E with F.

1. That around September 13, 2013, around September 13, 2013, the crime F committed against Victim G was delegated by the Defendant with regard to the conclusion of the lease contract to the victim G at the I Authorized Brokerage Office located in Seo-gu Incheon, Seo-gu, Incheon.

At the same time, a lease agreement was concluded between the victim and the above apartment 202 Dong 703 to September 29, 2015 with regard to the lease deposit amounting to KRW 25 million and the term of the lease contract from September 30, 2013 to September 29, 2015, as it could maintain the lease relationship in accordance with the terms of the contract.

However, at the time of fact, the above apartment house had already reached the loan amount of KRW 200 million, and F is as above.

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