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(영문) 서울중앙지방법원 2015.08.21 2015고단2772
사기등
Text

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, for two years, respectively.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant, while working as an attorney-at-law’s office, attempted to raise funds, etc. necessary for living by deceiving a large amount of loans as if he had no intention or ability to intermediate a large amount of loans through the clients, while working as an attorney-at-law.

Therefore, on November 19, 2010, the above Defendant: (a) at the first floor G attorney office of the Seocho-gu Seoul Metropolitan Government FF building in Seocho-gu, the victim H arranged for a loan of KRW 150 billion necessary for the re-sale of apartment and commercial buildings in 562 lots, such as Seoul, Jung-gu I; (b) provided that the agreed performance guarantee amount of KRW 300 million shall be loaned to the Defendant B, who was aware of the transfer of KRW 150 billion after a day; and (c) delivered the deposit amount of KRW 150 billion to the Defendant B, who was aware of the payment, but did not obtain any additional loan from the said Defendant, there was collusion with the “J” in terms of personal information, which was received from the victim and used as activity expenses.

Defendant

A, around December 10, 2010, in collusion with J, entered “loan commitment” in the paper No. A4 prepared in advance at the coffee shop in Seocho-gu Seoul, and forged a copy of “Loan commitment,” which is a private document on the rights and obligations, by signing a signature on a new name and signing on a new document, with the lender’s “No. 16 December 2010,” stating “No. 600 million if the first day is unable to perform by the first day”.

B. On December 10, 2010, the Defendant, in collusion with J, did not fully prepare a loan worth of KRW 150 billion, and even though the loan deposit granted to Defendant B was not returned, the Defendant did not receive KRW 300 million.

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