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(영문) 의정부지방법원 2014.05.09 2014고단911
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 7, 2009, the Defendant, along with C and D, purchased real estate at the beginning place with C and D, received collateral loans from financial institutions, acquired them by fraud, and the Defendant collected 20% of the loans from financial institutions in return for lending the name.

On July 8, 2009, the Defendant submitted necessary documents, such as a certificate of personal seal impression, a certified copy of resident registration, a local tax receipt, etc., prepared in advance to the employees of the above partnership, which cannot be identified in the Seoul Central Agricultural Cooperative, which is located in the Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, to the effect that “The Defendant will repay the above apartment amounting to KRW 175 million after three years, if he/she lends the above apartment as security.”

However, the facts are that the defendant lent the name of the above C, etc. to receive a certain amount of the loan as a commission, and there was no intention to purchase the above apartment, and there was no intention or ability to repay the loan borrowed from the above C, etc.

The defendant prepared a security loan agreement with the employees of the above partnership and the above apartment as collateral, and received KRW 175 million from the above partnership in the name of the defendant from the above partnership to the passbook in the name of the defendant.

In collusion with C and D, the Defendant received property by deceiving the staff of the Seoul Agricultural Cooperative.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to G and H;

1. Details of passbook transactions, full certificate of registered matters, loan transaction agreement, loan consultation and application form, detailed statement of self-relianced deposit transactions, notarial deed, delegation form, and application of Acts and subordinate statutes on real estate sales contracts;

1. The type 2 (not less than KRW 100, less than KRW 500,00) (the decision on the recommended field) is a general fraud type 2 (not less than KRW 100, but less than KRW 500,00) (the decision on the recommended field).

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