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(영문) 서울동부지방법원 2015.01.29 2014고단3789
사기등
Text

A defendant shall be punished by imprisonment for one and half years.

Reasons

Punishment of the crime

1. The Defendant trusted the name of the above loan ownership to C as the actual owner of the building B in Songpa-gu Seoul Metropolitan Government No. 201.

On May 17, 2010, the Defendant concluded a real estate lease agreement with the victim F of the lease deposit amounting to KRW 120 million at the E Licensed Real Estate Agent Office of Songpa-gu, Seoul, with the lease deposit amounting to KRW 110,000,000,000 for the lease of the above B building No. 201, the Defendant concluded that “B building No. 201 was used with a loan from a financial institution as security, but all of the collateral security established on the above real estate before the payment of the remainder of the lease deposit is cancelled and only a collateral security right that can receive KRW 70,

However, the Defendant had no intention or ability to repay the loan and cancel the right of collateral security even if it was used with the loan from the financial institution by establishing the right of collateral security of the above B building 201. The Defendant intended to use the loan exceeding KRW 70 million.

The Defendant received 12 million won from the victim as down payment on his/her job as down payment. On June 15, 2010, the Defendant created and used the said B building 201,000 won as the maximum debt amount of KRW 160,000,000,000,000 from the Telecommunication, and used the said B building as a loan of KRW 160,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, without cancelling the said mortgage, and was remitted from the victim to

Accordingly, the defendant was given property by deceiving the victim.

2. Although the Defendant entrusted the name of ownership No. 201 to C, when preparing a contract, etc. in the name of C, he/she sought prior consent from C, and prepared a contract, etc. with a seal imprint affixed from C, and returned the seal imprint.

On July 2012, the Defendant submitted a right to collateral security to a bank to extend a lease deposit against a lessee F of the building B, No. 201.

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