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(영문) 인천지방법원 2017.12.14 2017고단7072
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The right to benefit refers to a simple certificate issued by a real estate trust company to verify “the fact that the real estate owner has trusted his/her own real estate to the trust company,” and it cannot be transferred or provided as a security because the certificate itself has no economic value.

Defendant, C (C) and D (C) conspired with the victims who were not well aware of the deed of beneficial interest, to explain that the certificate of beneficial interest itself has economic value and to provide it as if it could be transferable and to provide it as a security, and to receive money under the name of commission, etc. after inducing them to apply for the certificate of beneficial interest.

To this end, the defendant, C, and D recruited real estate owners and those who want to be issued a certificate of beneficial rights, and the defendant, while carrying out the affairs of the office of the attorney-at-law, was in contact with the employees of the trust company and prepared all necessary documents in order to receive the certificate of beneficial rights.

1. Joint crimes with defendants C or D;

A. Fraud C and D with the victim E in early April 2008, when the victim E’s house located in the Hannam Budget Group F, entrusted the land trust with the Korea Land Trust and received a certificate of beneficial rights, and designated five companies such as the K in this right to benefit as beneficiary in this right to benefit, this five companies immediately lend KRW 1.2 billion to the party’s bank account.

All related expenses are expected to be borne by us, and if you lend 64 million won to 64 million won with priority fees and registration fees, they will be repaid immediately on the following day.

“A false statement” was made.

On the other hand, the defendant around June 2008 prepared a business plan, such as designating five enterprises, such as H, who are not capable of executing the construction by sending the photographs adjacent to the road by e-mail from the injured party, as the priority beneficiary.

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