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(영문) 부산지방법원서부지원 2020.10.16 2019고단2279

사기등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Part of the facts charged is revised to the extent that it is not disadvantageous to the defendant's defense right.

1. Fraud;

A. On May 9, 2018, the Defendant purchased the 'D' office of the 'D' office of the victim C operation in Gangseo-gu Busan Metropolitan Government, the Defendant purchased the 'D' price at sub-si, and if he/she purchased the 'D' price at sub-si with no one money, he/she may receive a loan of KRW 100 million from the E company, the original seller, which is the seller. If the Defendant borrowed KRW 37.4 million at the purchase cost of sub-si, he/she purchased the 'D' office of the victim in Gangseo-gu, Busan Metropolitan City and would offer the 'D' amount as security until he/she borrowed KRW 100 million at the end of the victim's company.

However, in fact, the defendant thought that he should build HACC facilities by borrowing money from the victim, and he did not have the intention or ability to obtain a loan of KRW 100 million from the E company by purchasing the cost of sub-aman city.

Nevertheless, the Defendant, by deceiving the victim as above, received 37.4 million won from the victim G account in the name of F corporation on the same day.

B. The Defendant around June 14, 2018, above 1. A.

In the same place as the above, the victim made a false statement that "I would like to set up the machinery in our company as security by adding up to KRW 2.3 million, which was excluded from KRW 100 million, which was set up as a collateral for an existing debt of KRW 3.3 million, to KRW 15 million."

In fact, however, the two of the four types of machinery set up by the defendant as security had no value as security with the machinery owned by the lease company, not the machinery owned by the "F".

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 15 million from the victim G account in the name of F corporation (H).

C. The Defendant: (a) on August 2018, 201 as the first policeman.

In the same place as this paragraph, the victim made a false statement to the effect that "if you grant the original amount to B, you will pay the original amount by selling it to I after processing."