특정경제범죄가중처벌등에관한법률위반(사기)
A defendant shall be punished by imprisonment for two years.
Punishment of the crime
Around May 20, 2017, the Defendant found the victim C’s D office located in Gwangju Northern-gu, Gwangju, in order to the effect that “The real estate located in YE is in the state of the permission to establish a convalescent hospital, and the market price is 1 billion won or more, and the real estate is to be purchased. The Defendant borrowed KRW 500 million. After purchasing the said real estate, the Defendant would loan the said real estate as security and repay the full amount of the loan by May 31, 2017.” On May 22, 2017, the Defendant was promised to receive KRW 500 million from the victim on the date of repayment of the promise to receive KRW 500 million from the victim on May 31, 2017, and the victim did not pay the above money after completing the registration of the right to claim ownership transfer on July 25, 2017.
On July 25, 2017, the Defendant, in contact with the victim in the G Office of the Seoul Southern-gu, Seoul-gu, in order to conclude that “Before obtaining a loan as security, the above real estate was borrowed due to the above provisional registration.” On the face of cancellation of the above provisional registration, the Defendant immediately concluded that “Before obtaining a loan as security, the loan will be repaid in full immediately after obtaining a loan as security for the above real estate.”
However, in fact, the Defendant did not have any particular property or property under his/her own name and has no personal debt worth KRW 20 million, and thus, even if he/she received a loan as collateral, the Defendant did not use it in full for the repayment of the borrowed amount by the victim who promised to do so and did not have any economic difficulty such as covering the principal and interest to the existing creditors and covering the operating expenses of the company. Therefore, even if the above provisional registration was cancelled, the Defendant did not have
On July 28, 2017, the Defendant had the victim cancel the above provisional registration, and acquired and acquired pecuniary profits equivalent to 500 million won of the security value of the above real estate.
Summary of Evidence
1. Defendant's legal statement;
1. C.