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(영문) 의정부지방법원 2014.07.08 2014고단714
사기
Text

Defendants shall be punished by imprisonment for six months.

However, with respect to Defendant B, it shall be for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative director of Eul Co., Ltd. who is the owner of D and 101 (hereinafter “the instant building”) in Namyang-si, Namyang-si, and Defendant B is a person who concurrently operates the instant building E with the birth of Defendant A. The victim F entered into a contract with E on July 25, 201 to lease the instant building from August 26, 201 to August 26, 2013 after obtaining the fixed date of move-in report on August 22, 201 and completing the move-in report on the same month after obtaining the fixed date of move-in report on August 26, 201.

In order to obtain a loan, the Defendants conspired to provide the instant building as security to a credit service provider by concealing such fact, and on June 2012, Defendant A conspired to obtain a loan by means of telephone to the effect that “I will move the instant building to the next 102 week from the domicile of the party due to the day on which a report on the tax office is filed. If a party’s resident registration occurs, I will not take any responsibility,” and Defendant B made a false statement as above.

As above, the Defendants: (a) lost the status of the victim as the senior security holder of the deposit money for the lease on a deposit basis by having the victim move his/her resident registration under 102, Jun. 12, 2012, and (b) obtained a loan from G, who is a credit service provider, on June 13, 2012, the Defendants created a right to collateral security of KRW 60 million with the maximum debt amount of the instant building; and (c) let G acquire the pecuniary benefits that can be distributed prior to the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement concerning the interrogation of the Defendants by the prosecution (including F part concerning the statement)

1. Statement of the police statement concerning F;

1. A complaint (including attached documents), a certified copy of the real estate register, a certified copy or abstract of resident registration, and a copy thereof;

1. Application of Acts and subordinate statutes to investigation report (report accompanied by a certified copy of resident registration of the complainant F);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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