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(영문) 수원지방법원 성남지원 2016.12.21 2015고단1243 (1)

사기

Text

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

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

Reasons

Criminal facts

[criminal power] On July 4, 2014, the Defendant was sentenced to a suspended sentence of two years on July 12, 2014 in the Sungnam Branch of the Suwon District Court for the crime of forging private documents, etc., and the judgment was finalized on July 12, 2014.

【Criminal Facts】

On September 2013, the Defendant: (a) leased the Gyeonggi-si Dagwon 402 to KRW 18 million in a deposit; and (b) was in color to obtain profits by sub-leaseing the subject.

On October 2013, the Defendant did not contact with the Defendant in arrears with the Defendant, the nominal owner of the right to use the loan as collateral, but anticipated that the auction of the above loan will take place on November 201, 2013. In order to recover the amount invested by the Defendant, the Defendant was willing to borrow the lease deposit by leasing the loan as if it would normally recover the money invested by the Defendant.

The Defendant was aware of the fact that the provisional attachment on August 29, 2013 against the instant loan was registered, and that the Defendant was aware of the fact that the decision to commence the auction against the loan was in arrears, and that the obligation he borrowed as security was in a state of fluenite. In particular, on November 2013, 2013, the Defendant was aware of the fact that the auction was conducted on the loan, by hearing from the owner E of the building of the said loan, that “the Defendant had called from the Saemaul Treasury but continued an auction.”

Nevertheless, on November 26, 2013, the Defendant did not notify the Victim F of the fact that the Defendant entered into a lease agreement with the above Borrowing and thereafter, that “The security may be recovered in Gyeonggi-do, because it is possible to receive KRW 19 million from the top priority,” on the ground that the Defendant would have been conducting an auction within one year, and even if the auction was conducted after one year, the Defendant may recover the security money.”

The Defendant, from the victim on November 26, 2013, KRW 1 million, KRW 250,000,000 from the victim, KRW 1250,00 on November 28, 2013, and KRW 1,925,00 on December 18, 2013.