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(영문) 광주지방법원 2017.12.21 2016고단4003

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

The Defendant is the representative director of D Co., Ltd. (hereinafter referred to as “D”), and C Co., Ltd. (hereinafter referred to as “E”) with F.

On June 1, 2015, the Defendant sold Lone Star 25 million won in total of the purchase price to the victim C, and received full payment from the victim. However, the victim, on June 15, 2015, set up a collateral security right at the maximum amount of the claim amount of KRW 50 million against the said passenger car to the creditor of the said passenger car for the purpose of securing its ownership instead of being registered for change of ownership from E, instead of being registered for change of ownership, the said passenger car was a chartered bus.

At the end of June, 2015, the Defendant, “J Child Care Center” in the International church located in the Nam-gu Seoul metropolitan area, Gwangju metropolitan area, concluded that “The Defendant would issue a promissory note in the name of the victim and make it difficult to provide financing to the company’s operating capital due to a considerable decline in the credit rating of the company on the wind of setting a mortgage against the said passenger vehicle as a creditor.” As such, the Defendant concluded that “The Defendant would issue a notarized promissory note in the name of the victim and make it difficult to grant financing to the company’s operating capital.”

However, the defendant was operated by himself.

Since the financial situation of E and D was not very good, when the injured party cancels the registration of the establishment of the right to collateral security on the above Gohap, it was thought that the above Gohap was loaned from the financial institution as collateral and used to repay the debt of the existing company in arrears, and the injured party did not have an intention or ability to re-register the registration of the establishment of the right to collateral security on the above Gohap.

The defendant deceivings the victim as above and caused the victim to terminate the right to collateral security equivalent to the maximum amount of KRW 50 million in the victim's name established on June 30, 2015.