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(영문) 인천지방법원 2012.10.12 2012고합100
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged of the instant case at the D Licensed Real Estate Agent Office operated by the Defendant on June 11, 2009, the Defendant stated that “The victim E was deposited at KRW 140 million with KRW 201,00,000,000,000,000,000,000,000. This price is less than the market price, and only the real estate dealers in Korea are traded. The Defendant may obtain a loan as security, with a monthly rent deposit, with a monthly rent deposit and use it as a purchase price, registration fee, acquisition tax, etc., with a fixed rate of interest on the loan. The interest on the loan may be fully appropriated for the monthly rent of the above loan.” The false statement stating that “The market price profit may be obtained by selling the loan if the loan price is calculated in the future.”

However, in fact, the actual purchase price of the loan was equivalent to KRW 1.3 million, and the total expenses, including acquisition tax, were merely KRW 6,59,430,00 and actually incurred in purchasing the loan was additionally loaned only to the lender except for KRW 20,000,000,000,000,000 for monthly rent from the revenue. The monthly rent of the loan was 136,559,430,000, and the loan was 18% per annum. However, even though the loan was unable to cope with the loan interest, the defendant could not receive the loan interest from the difference in the loan, and applied for excessive loan from the victim.

On June 24, 2009, the Defendant, by deceiving the victim E, had the victim take out a loan of more than the actual necessary amount from a financial institution, and received the above money from the financial institution.

In addition, the Defendant, from that time until December 21, 2009, by deceiving the victim E, or H and I through the said victim, and by deceiving the victim H and I, and by allowing the victims to borrow 10 F building Nos. 4 and 201, etc. in their own name.

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