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(영문) 서울중앙지방법원 2018.05.25 2018고합138
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

E purchased from F on December 21, 2015 G Apartment and 102 Dong 302 (hereinafter “instant apartment”) in the amount of KRW 930,000,000,000,000,000,000,000,000 won, and set up a collateral security on the instant apartment as “the maximum claim amount of KRW 260,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

Meanwhile, on September 16, 2015, the apartment of this case entered into a lease agreement with FF with the deposit of KRW 780,000,000,000, and the lessee I completed the move-in report on November 26, 2015 and resided after receiving a final date, and E succeeded to the status of the lessor.

E, which was known through the introduction of H, a branchr around May 2016, sought to borrow the instant apartment as collateral, but it did not take out a loan due to the existence, etc. of a lessee I who has the right of preferential repayment of KRW 780,000,000,000,000, and the existence of senior mortgage. On July 2016, upon introduction from J and K, the method of loan was discussed with J and K to suggest the method of loan along with J and K to arrange to sell the instant apartment and purchase the instant apartment and conceal the existence of the lessee I who has the right of preferential repayment.

Accordingly, on July 27, 2016, K consulted with E, K, and J, and the Defendant drafted a false sales contract with the effect that “E sells the instant apartment at KRW 950 million to the Defendant on July 11, 2016,” which read “E sells the instant apartment at KRW 950 million to the Defendant on July 11, 2016.”

After that, the defendant, E, and K are the buyers who entered into a sales contract with the seller and the buyer who entered into a sales contract with respect to the apartment of this case while presenting the store M and the loan officer N in charge of the above sales contract, etc. in the same day.

In relation to the purchase funds of the apartment of this case, a mortgage loan is provided.

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