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(영문) 인천지방법원 2019.08.09 2019고단3466
사기등
Text

1. Defendant A shall be punished by imprisonment for three years.

2. Defendant B and C shall be punished by imprisonment with prison labor for one year.

(b).

Reasons

Punishment of the crime

[criminal power] On December 14, 2005, the Seoul High Court sentenced the defendant A to nine years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Minor Offenses (Fraud), six months of imprisonment with prison labor for fraud, etc. in the Gangnam Branch of the Chuncheon District Court on December 14, 2006, and one year and six months of imprisonment with prison labor for a crime of violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in the same court on December 17, 2007, and completed the execution of the sentence on October 21, 2015.

【Criminal Facts】

On May 21, 2018, the Defendants purchased the foregoing apartment E in the name of Defendant B, and concluded a lease contract between Defendant B and Defendant C on the same day, and then borrowed KRW 28 million from FF bank as the deposit money for lease, and used it as the purchase price for the above apartment. On June 1, 2018, the Defendants conspired to offer the above apartment as security from G and receive additional loans of KRW 215 million from Defendant B and Defendant C to divide it into a part, without concealing the fact of concluding a lease contract between Defendant B and Defendant C.

1. Lending fraud by the Defendants

A. On May 21, 2018, the Defendants conspired to borrow a loan to the victim FF bank, and filed an application for a loan of a deposit of a deposit of a deposit of a deposit of a deposit of a deposit of a deposit of a deposit of a deposit of a deposit of a loan with the name of the Defendant in the name of the FF bank in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. (hereinafter “FF bank”), stating that “A deposit of a deposit of a deposit of a deposit of a deposit of a deposit of a deposit of a deposit of a deposit of a 260 million won is to be transferred to the lessor if the loan is made due to a shortage of 28 billion won.”

However, the Defendants, after receiving a loan from the victim for the deposit for lease on a deposit basis, have the lessee registered as another location (Jtel K in Bupyeong-gu, Nowon-gu) in the domicile of the Defendant C, the lessee, lost the opposing power of the lessee. At the same time, the Defendants, while receiving an additional loan from G tenants in the absence of the tenant, set up a collateral security of KRW 279,50,000,000.

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