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(영문) 의정부지방법원 고양지원 2014.05.30 2013고단858

사기

Text

Defendant

A shall be punished by imprisonment for three years.

Defendant

B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[criminal power] ① Defendant A was sentenced to one year and six months of imprisonment for a crime of fraud at the Suwon District Court on November 21, 2013, and three years of suspension of execution on November 29, 2013; ② Defendant B was sentenced to two years of suspension of execution on September 6, 2013 at the Incheon District Court on September 6, 2013, and the said judgment became final and conclusive on September 14, 2013. On April 30, 2014, Defendant A was sentenced to two years of suspension of execution on August 8, 2014.

[2013 Highest 858] Defendant A is a person who is operating food materials distribution enterprises under the trade name of “D” from 2009.

1. On August 30, 201, Defendant A made a false statement to the victim E in the G Certified Judicial Scriveners Office located in F of the Republic of Korea on August 30, 201, that “The victim E purchases 92 square meters of the orchard 992 square meters of the orchard located in H in the Gyeonggi-do, Pakistan-si, Seoul Special Metropolitan City. Of the purchase price of KRW 150 million, KRW 83 million shall succeed to the bank loan of the same amount, and the remainder of the intermediate payment and the remainder shall be paid within two months. However, the intermediate payment and the remainder shall be provided as security to the customer and shall be paid within two months after the goods are supplied and sold. Accordingly, the payment of the intermediate payment and the remainder shall first be made by selling the orchard as security.”

However, in fact, only intended to use the victim's orchard as a security to the customer, and there was no intention to purchase the orchard at all, and there was no capacity to purchase the orchard because it bears about KRW 80 million at the time.

Defendant

A, as such, by deceiving the victim and allowing the victim to provide the above orchard with collateral to set up a right to collateral of KRW 100 million with respect to the maximum debt amount, A acquired the pecuniary benefits equivalent to the same amount from the same to Dong P&n Co., Ltd., and acquired them by deceiving the victim.

2. On October 23, 201, Defendant A, with respect to the victim I, shall be at the K real estate office located in theJ around the date of the strike.