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(영문) 서울남부지방법원 2017.07.20 2016고단5617
사기
Text

A defendant shall be punished by imprisonment for one year.

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 owner of Yangcheon-gu Seoul Metropolitan Government D 402 (hereinafter “BL”), and the fact was that the Defendant: (a) around February 12, 2013, the maximum amount of the claim was KRW 70 million on the loan of this case, which was about 190 million in the market price; (b) on August 19, 2015, the Defendant’s mother-child registered the establishment of the first priority collective security (E), the Defendant’s creation of the first priority collective security (hereinafter “mortgage”); and (c) around August 19, 2015, the Defendant’s mother-child received the fixed date as the lessee of the loan of this case, and thus, (d) the loan of this case was no longer worth security, but was willing to borrow money as security.

On February 2, 2016, the Defendant calls to the victim I, who was introduced by G employees H of the lending company around Yangcheon-gu Seoul (Seoul) around February 2, 2016, and provides them as security by lending KRW 100 million to the lending company “on the face of lending KRW 100 million.”

The tenant does not live in the loan of this case, and the first priority collective security currently established shall be cancelled until April 2, 2016.

“False,” and “10 million won shall be borrowed until August 1, 2016,” and the interest shall be paid 2.5% per month at the K Certified Judicial Scriveners Office in Seocho-gu Seoul Metropolitan Government on the same day.

“Before April 2, 2016, the terms and conditions of the loan agreement, the loan certificate, and the first priority collective security right shall be deleted, and if the creditor fails to comply with the agreement, the creditor agrees to this registration with respect to the loan of this case.

Each letter of commitment, stating ", was drawn up and sent to H by the victim's agent."

However, in fact, the Defendant’s mother F was the lessee on the date on which the loan of this case was confirmed, and there was no security value of the loan of this case, and the Defendant did not have any special property other than the loan of this case, while there was no special property other than the loan of this case, on the other hand, the Defendant committed a debt of KRW 140 million, so even if borrowing KRW 100 million from the injured party, registration of the establishment of the first priority collective security right by April 2, 2016.

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