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(영문) 서울남부지방법원 2013.06.27 2011고단4361

사기

Text

Defendant

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

Defendant

A shall be innocent.

Reasons

Punishment of the crime

[Criminal Justice] On May 25, 2011, Defendant B was sentenced to 8 months of imprisonment and 2 years of suspended execution for fraud at the Seoul Western District Court, and the said judgment became final and conclusive on September 30, 201.

【Criminal Facts】

1. The circumstances of the instant case are as follows: (a) Dong Dong Dong-in was actually owned by Dong Dong-dong G from friendly offering, but, (b) Nos. 2-02, B-03, B-04, 101, 103, 201, 202, 203, 301, 302, 303, 304, 401, and 13 households were paid as substitute payment and were in possession of the disposal authority on January 1, 2009, around January 1, 2009, the said multi-household household was sold to the victim with the condition that the victim will be exempted from debt 30 million won to the Council of New Victims; and (b) the condition that the victim will be additionally paid 100 million won.

Since then, on January 14, 2009, when the victim found the method of disposing of the above 13 multi-household houses, he provided nine households (B-02, B-03, B-04, 101, 103, 201, 201, 301, 302, and 303, hereinafter the "multi-household houses of this case") among the above multi-household houses as security to the customer, and provided them with promissory notes in the name of the customer, and provided them at discount, and then delivered the documents related to the establishment of the right to collateral on the multi-household houses of this case to the above K, and accordingly, completed the establishment of the right to collateral on January 16, 2009.

In the above way, K received a promissory note amounting to KRW 250 million from the KM Co., Ltd., but did not receive discount, and eventually returned this to KM Co., Ltd.

On the other hand, A has lent 300 million won to L, but it is difficult to raise additional funds.