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(영문) 인천지방법원 2017.02.10 2014고단8778

사기

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[2014 Highest 8778] On July 9, 2013, the Defendant made a false statement to the victim E that “The victim E would establish a first priority collective security right equivalent to KRW 200 million with the maximum amount of claims on the land of H, I, and J forests and fields as security for the said deposit, if the Defendant paid KRW 200 million to the police officer as he/she is expected to start his/her business in G 24 . G 24 . G.F in the Nam-gu Incheon Metropolitan City, and is expected to start his/her business in October 2013.”

However, in fact, the Defendant was expected to have no particular property other than KRW 50 million in his own name, while the expenses for interior works in the above Sabya are expected to have a total of KRW 1.5 billion in the face of KRW 2.5 billion in the face of the loan. While the Defendant was to cover the above expenses with an external loan, as the size of the loan falls short of the construction expenses, it was impossible for the Defendant to normally operate the private house because he had to exercise the right of retention on the above private house or building, and the Defendant would have to set up a collateral security right.

Since the above forests and fields were owned by K and did not have obtained consent to the establishment of the right to collateral security from the above owners and were not owned by the defendant, there was no intention or ability to set up the right to collateral security on the above forests and fields for the victim.

Nevertheless, the Defendant, as seen above, received a false statement from the above victim and received 40 million won as the down payment from the above victim on the same day, from November 25, 2013, from then until November 25, 2013, the Defendant obtained a total of KRW 380 million from the seven victims, such as the daily list of crimes (1) in attached Form 1, for the purpose of deposit money, etc., and acquired it by deception.

[2015 Highest 3151] The Defendant opened a business around October 2013, 2013 to M, a proxy of the victim L, in the “G 24 city Syunariba” located in the Nam-gu Incheon Metropolitan City, Nam-gu.