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(영문) 수원지방법원 2013.10.02 2012고단5941

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for one year.

Defendant

B As to Defendant B, the summary of the judgment will be published.

Reasons

Punishment of the crime

Defendant

A is a person who was sentenced to six months of imprisonment for fraud at the Seoul East East District Court on January 27, 2010 and the judgment became final and conclusive on April 19, 2010.

[2012 Highest 5941] Defendant A decided to run the business in a partnership with Defendant B, the director of the (ju) E, and the director in charge of real estate consulting, etc., but as there were no particular assets or sources of revenue, it was impossible to properly prepare office rents, etc., Defendant A, by deceiving the victim F, borrowed money from the credit service provider to obtain real estate owned by the victim as collateral and to raise the operating expenses, personal living expenses, etc.

1. On October 17, 2008, at the (ju) EE office located in Gangnam-gu Seoul Metropolitan Government on G, Defendant A planned to participate in the tender of the construction site at the (ju) H, a building material producer working as a director within the inside and outside director, and there is a need for a letter letter guarantee in the document documents. The letter letter letter letter guarantee may be reduced to KRW 10 million per unit. For a letter letter letter guarantee clerk, two provisional seizures (total claim amount 9.77 billion won) established on the apartment owned by the victim is first set up on the apartment owned by the victim, Songpa-gu Seoul Special Metropolitan City I Apartment apartment 602 and borrowed and used the collateral security money. Defendant B borrowed KRW 25 million with the certified judicial scrivener who had the victim and set up the collateral security amount of KRW 37.5 million with the maximum debt amount as security.

However, there was no intention to pay the remainder of the loans to the victim in addition to the amount necessary for the termination of the provisional seizure.

Defendant

A, as such, by deceiving the victim, had the victim bear the obligation of collateral security of KRW 25 million, and then did not pay KRW 7.5 million to the victim and did not pay the remainder of KRW 17.5 million.

2. In the above-mentioned (E) office on October 23, 2008,