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(영문) 부산지방법원 2020.01.08 2019고단4373

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant, at around 14:00 on December 29, 2016, at the “D” office where the victim C works as an employee of the Defendant, “D” office, “In the Republic of Korea, intending to build two roads near the Busan Young-si E, it is necessary to have a level of KRW 100 million with the initial construction cost. Two roads are first set up in Yong-do, and two lanes are set up in Yong-do, Young-do, and the two-lanes are also set up in Yong-si, Gyeong-gun. The Defendant will complete the Busan Young-do, Young-do, Busan, within six months with the loan of the real estate owned by the Party as collateral and the construction cost of the above Busan, Young-do, Busan. Since six months thereafter, the construction of Han-do, 200 million won, refund the principal amount of the loan to the Party, thereby reducing the amount of the loan amount from KRW 15 million to KRW 30 million to KRW 30 million.”

However, in fact, the defendant did not carry out a loan construction project in the vicinity of the Young-gu, Busan Metropolitan City, and if the defendant obtained a loan as security, he did not use the loan for the construction project, but planned to immediately consume the principal and profit of the loan to the victim as the defendant's personal bond interest repayment cost and the defendant's literacy project cost unrelated to the loan construction project.

The Defendant had the victim registered the creation of the right to collateral security as set forth in the B/L, the debtor, the mortgagee, the mortgagee H, and the corporation I on the same day with respect to the land and building located in the Busan Cheongdo-gun G, Busan Cheongdo-gun, which are owned by the victim on the same day, and acquired the pecuniary benefits equivalent to the same amount by having the victim registered the creation of the right to collateral security as set forth in the B/L from the J bank account in the name of the defendant on the same day.

In this respect, the defendant deceivings the victim and acquired the pecuniary profit equivalent to 65 million won.

Summary of Evidence

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