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(영문) 서울중앙지방법원 2012.09.25 2011고단5461

사기등

Text

Defendant

A Imprisonment with prison labor for four months, for each of the crimes in the second sentence of 201, second sentence of 6178, second sentence of 2011, second sentence of 7522 decided by the defendant B, one year.

Reasons

Punishment of the crime

[Criminal Power and Career] Defendant A was sentenced to two months of imprisonment for fraud, occupational embezzlement, and ten months of imprisonment in the Busan District Court's Vice Branch on April 21, 2005, and completed the execution of the sentence in the Incheon Detention House on February 19, 2006.

Defendant

B On November 25, 2009, the Seoul Central District Court was sentenced to one year of imprisonment for fraud, etc. and three years of suspended execution, etc. on December 3, 2009. On February 23, 2011, the Seoul Central District Court sentenced ten months of imprisonment for embezzlement and two years of suspended execution, which became final and conclusive on March 3, 201.

Defendant

B was the planning real estate company in Gangnam-gu, Seoul, the planning real estate company in Gangnam-gu, G in the 11th floor of the same building, the operator of H in the company, and the defendant A was the head of F in the company.

[2011 Highest 5461] (Defendant A)

1. At around 17:00 on December 23, 2007, Defendant A, along with B, provided the said vehicle as security by the victim J at the parking lot for the I building in Gangnam-gu Seoul Metropolitan Government, for use only for a day from the victim M who was temporarily kept by the victim J at the above K’s request. While he was kept for the said victims, the said vehicle was offered as security by means of transfer while borrowing the border bonds for the said victims.

Accordingly, the defendant A embezzled the victims' property in collusion with B.

2. At around 16:00 on January 7, 2008, Defendant A issued a promissory note with the victim’s house located in Chungcheongnam-si, Chungcheongnam-si, with the statement that “P” was “P” written on the part of the issuer Q, face value, 62 million won, and 34 million won of the previous debt amount. A provisional attachment is intended to establish real estate in the name of pro-friendly P. A. The discount of the bill, at the face value of KRW 62 million and KRW 1,684,00,00 calculated by subtracting the face value of KRW 1,6840,000 from the face value of KRW 62 million and the previous debt amount of KRW 34 million from the face value of KRW 34 million.”

However, the defendant establishes a provisional attachment on real estate in the name of P or P. P.