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(영문) 서울남부지방법원 2013.10.17 2013고단1947
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2013 Godan1947] The Defendant, along with one male (one male) whose name cannot be known, purchases a commercial building on the condition that the Defendant, around 15:00 on February 9, 2010, in the Gangseo Police Station located in the Gangseo-gu Seoul Metropolitan Government Seodong, he/she takes over KRW 236 million as collateral loan obligations set forth in the Seowon-si D shop 101, and pays KRW 30 million to the victim E who is the owner of Kuwon-si, Youngwon-gu.

In addition, while operating the LAF, the amount of taxes in arrears is about KRW 130 million, which is about KRW 100,000,000,000 in the first place, which will be paid KRW 5 million in the first place, which will be paid more than KRW 101 in the second place of mortgage in the Cheongju Tax Office in the future.

In addition, the acquisition of loan obligations and the payment of the balance 20 million won shall be made on May 8, 2010, which is three months after the payment, and it will be transferred 100 million won by transferring the lease deposit bond claim of the F. In this respect as security.

On February 11, 2010, after paying five million won to the victim, the above commercial building 101 was issued with documents necessary for the registration of the establishment of the neighboring mortgage, and on February 11, 2010, the 2nd priority mortgage was established within the maximum debt amount of 180 million won in the Cheongju Tax Office.

However, at the time, the lease deposit claim of the LAF is set off against the overdue rent and the amount to be refunded from the lessor does not remain at the same rate, and the defendant did not have any intention or ability to take over the collateral loan debt of the above commercial building 101 and pay the balance to the victim because he did not have any property or financial ability.

As a result, the Defendant, in collusion with the one-person “C”, led the other party to take the pecuniary advantage of acquiring the right to collateral security with a maximum debt amount of KRW 180 million.

[2013Kadan2246] The Defendant, as the representative director of the F Co., Ltd., is a male (one man) who is unable to know the name, in collusion with the other male (one man). Around May 27, 2010, the Defendant is a business member located in the Nam-gu Incheon Metropolitan City, Nam-gu.

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