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(영문) 의정부지방법원 2014.06.10 2013고단3584
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant, around July 201, 201, arranged a real estate exchange agreement on the K-based singing practice room located in the Guri-si owned by C and the Dobong-gu Seoul Metropolitan Government F-owned Housing in the name of C with a view to receiving a loan from a financial institution under the name of C as collateral on the said housing.

On July 20, 201, the Defendant applied for a loan to G, who is an employee in charge of the loan by using the above house transferred from the "Yandong-ro 20, Seoul Special Metropolitan City, the victims of the loan from the "Yandong-ro 20,00,000 won," the Defendant made a false statement to the effect that the lessee was residing in the above house and the lessee did not have the intent or ability to have the above lessee move to another place although he did not have the intention or ability to move the house, and then, the Defendant made a loan to the victim by allowing the victim to calculate the loan 260,000,000 won at that time except for the lease deposit to H.

As a result, the Defendant stated in the indictment the difference between KRW 227 million and the amount of KRW 33 million, which was presented by the Defendant in the case of KRW 50 million, as “35 million,” but it is obvious that the Defendant is a clerical error of KRW 33 million (i.e., KRW 260 million - KRW 227 million). Thus, ex officio rectification was made.

A considerable amount of money was acquired through deception.

around 14:00 on September 3, 2008, the Defendant made a false statement to the victim K that “The Defendant would sell the real estate in the Jeonnam-do to purchase other real estate equivalent thereto by selling it to the victim K at the “J real estate” office where the Defendant in Seoul Special Metropolitan City, Nowon-gu I works.

However, there was no intention or ability to purchase the corresponding other real estate even if the land other than the L, Dondo-gun, Jeonnam-gun, the victim owned by the victim.

The defendant belongs to this.

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