logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.06.11 2013고단3270
사기
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Of the facts charged in the instant case, fraud against Victim C is acquitted.

Reasons

Punishment of the crime

[Criminal Power] On September 15, 2004, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Busan District Court on September 15, 2004 and completed the execution of the sentence on the same day.

【Criminal Facts】

1. On July 11, 2008, the Defendant made a false statement to the effect that “If the said apartment is to be loaned by the community credit cooperatives as security, the amount of the loan will be paid in full as the purchase price,” the Defendant would make a sales contract in the name of the Defendant for the victim D and the E apartment 202 Dong-dong 901 in the Gyeonggi-gu Seoul metropolitan bus terminal located in Gwangjin-gu Seoul Special Metropolitan City.”

However, even if the above apartment house is loaned as security, the defendant did not have the intent or ability to pay the full amount of the loan to the victim D.

The Defendant, by deceiving the victim D as such, caused the victim D to provide the above apartment as security when the Defendant, in obtaining a loan of KRW 195 million from the community credit cooperatives under the name of F, and delivered only KRW 160 million out of the loan to the victim D to acquire property benefits equivalent to KRW 35 million.

2. The Defendant, on behalf of the Defendant Company H (hereinafter “H”), committed a contract with I, J, I, and J to purchase K site, buildings, and Chuncheon L site (hereinafter “instant real estate”) on behalf of the Defendant Company H (hereinafter “H”), with an agreement to make a provisional registration under the name of H to have the documents necessary for the provisional registration of the instant real estate registered in the name of H, thereby holding the documents necessary for the provisional registration of the instant real estate, without the consent of I, J, and J, with intent to borrow money from another person by taking the instant real estate as collateral, without the consent of I, and J.

On December 20, 2006, the Defendant made a provisional registration to the victim G at the previous coffee shop located in the Chuncheon District Court 2-dong, Macheon-si, Macheon-si on December 10, 2006.

arrow