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(영문) 서울북부지방법원 2015.09.09 2014고단3732
사기
Text

Defendants shall be punished by imprisonment for one year.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A and Defendant B are in de facto in a relationship with a conspiracy. Defendant B, as the owner of Dongdaemun-gu Seoul Metropolitan Government E Apartment 106 Dong 404, the former owner of the above apartment, terminated the lease contract and demanded the return of KRW 120,000,000,000,000,000,000 from the F who had resided in the above apartment. However, the said apartment mortgage loan cannot be extended beyond the limit and there was no other way to return the deposit, the Defendants’ families resided in the above apartment, and agreed to obtain a lease contract as if Defendant A had resided in the above apartment as the former owner of the above apartment.

Defendant

A around June 1, 2012, around 1, 2012, presented a lease contract of KRW 240 million to G in charge of loan in the office of the victim Seo-gu Saemaul Fund in Dongdaemun-gu Seoul, Dongdaemun-gu, 36-39, and made a false statement to the effect that "on May 29, 2014, the loan amount of KRW 120 million is transferred with the loan of KRW 100 million, and the loan of KRW 120 million is transferred with the security and the interest is paid at KRW 80 million (per month equivalent to KRW 800,000), and the loan principal is repaid by May 29, 2014."

However, in fact, the defendants entered into a false lease agreement with the above apartment complex in which the defendants reside together, and thus, the defendant A did not have the intent or ability to pay the above lease deposit amount of KRW 240 million to the defendant B, and there was no other income or property, and there was no intention or ability to pay the above lease loan amount of KRW 240 million.

On June 5, 2014, the Defendants deceptioned the victims as such, and acquired them through the account of community credit cooperatives (H) in the name of Defendant B with the name of Defendant B as a loan for the lease of money.

Summary of Evidence

1. Defendants’ respective legal statements

1. G. G.

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