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(영문) 청주지방법원 충주지원 2017.11.14 2017고단557
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 25, 2016, the Defendant: (a) lent money to the victim E in the “D” store in Chungcheongnam-si, Chungcheongnam-si; (b) on the security of the mother’s “F apartment (Seoul, G, 2, H apartment, 117, 203, and 203)”; (c) on the deposit of money; (d) on the deposit of money; and (e) on the deposit of money to repay the said apartment by April 5, 2016.

Apartment is in a clean condition due to the lack of debt.

“ ................”

However, at the time of borrowing, the Defendant was not only in bad credit standing at the time, but also in the apartment at that time, the collective security right equivalent to KRW 42,00,000 was established for the Defendant’s father I as the obligor. On January 18, 2016, the obligee J was registered for the provisional registration of the right to claim the transfer of ownership based on the pre-sale agreement with the obligee J on January 18, 2016. Therefore, even if the Defendant borrowed money from the damaged party, the Defendant did not have the ability to receive the above apartment

Nevertheless, the Defendant was issued KRW 18 million to the Agricultural Cooperative Account (K) in the name of F on March 31, 2016, from the victims of the false horses as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint filed by E;

1. Detailed inquiries into each case of the results of transfer management (the details of remittance of KRW 18 million);

1. The entire certificate of each registered matter (to be perused on June 13, 2016, and to be perused on September 20, 2016, by a certified copy of the register referred to in 117 Dong 203, G apartment units and 2 lots of H apartment units in Chungcheong City;

1. A process deed (18 million won) and a loan certificate;

1. Document proving the contents of the loan;

1. Details and name of credit transactions;

1. Confirmation of whether the actual transactions of apartments are conducted;

1. Each investigation report (a statement verifying the contents of the report is accompanied by a certified copy of contribution, such as attached to H apartment 17, 203, H apartment 117, 203, attached to the transaction details of apartment mortgage loan at A's domicile, telephone communications, a person in charge of debt support group of the Seoul Guarantee and Guarantee of the Credit Bureau of Seoul Guarantee of the Credit Union, the possibility of a mortgage loan on the establishment of provisional registration, the confirmation of the exclusive use area and the real transaction

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