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(영문) 서울북부지방법원 2015.01.22 2014고단308
사기
Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 1.5 million won, respectively.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

On July 24, 2008, the Defendants sold the F apartment 602 in Seongbuk-gu Seoul, Defendant B, the purchase price of KRW 325 million to Defendant A, but the KRW 14 million out of the purchase price entered into a sales contract with the content that Defendant A acquires the obligation (the maximum bond amount of KRW 124.8 million) that was created by collateral security (the maximum bond amount of KRW 124.8 million) on the above apartment. The Defendants paid the down payment of KRW 20 million and the intermediate payment of KRW 125 million out of the purchase price, and failed to transfer the remaining remainder of KRW 76 million due to the shortage of funds.

In order to complete the payment of the balance and the transfer of name in connection with the above sales contract, the Defendants made false documents as if they concluded the lease contract for the above apartment, and offered them as security to the financial company and offered them to pay the balance after receiving the loan.

According to the above public offering, the Defendants prepared a false apartment lease agreement as if Defendant A had established chonsegwon on the above apartment, and Defendant A applied for a loan of money for the lease at the Gangnam-gu Seoul Metropolitan Government Gangnam Finance Branch for the lease of money at the victim Hyundai Capital Co., Ltd., the 514th floor of the Sungwon Building, Gangnam-gu, Seoul, and submitted the said apartment lease agreement at around October 9, 2012, and received KRW 157 million from the account under Defendant B’s name.

However, as seen above, the above apartment charter agreement was false documents, and the Defendants did not have any intent or ability to repay money even if they were to borrow money from the victim.

As a result, the Defendants conspired to deceive the victim and take the property by deception.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement concerning G;

1. Application for the loan of funds from modern Capitals, written consent for changing the terms and conditions of the loan of funds from modern Capitals, and application of the relevant Acts and subordinate statutes;

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. Defendant A who has chosen a punishment: Imprisonment;

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