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(영문) 수원지방법원 2016.05.12 2015고단4767

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On April 1, 2014, the Defendant was sentenced to the suspension of the execution of two years for fraud in the support of Suwon Fagwon, and the above judgment became final and conclusive on April 9, 2014.

On April 2009, the Defendant purchased stuffs from C that he operated by his principal on April 2009.

D In order to supply a stuff, it is necessary to purchase materials to purchase them, and in E, it is necessary to request security from the supplier company.

300 million won fake

Along with the establishment of the right to collateral security, a false statement was made that 1.5 million won will be used without interest until the right to collateral security is rescinded.

However, in fact, even if the Defendant had no specific revenue or property due to the lack of any revenue or property due to the fact that the Defendant was liable for the debt of approximately KRW 1.3 billion to E at the time, there was no intention or ability to lend KRW 1.5 million to the person who has created the security interest or to lend KRW 1.5 million to the person who has created the security interest.

Nevertheless, on April 9, 2009, the Defendant had D, who is aware of the fact, talked with D to the effect that it would lend KRW 150 million to the victim F until the cancellation of the security right on the high seas. On April 9, 2009, the Defendant talked with D to the same effect as the victim at the law firm H office located in Ansan-si, Ansan-si.

Around April 9, 2009, the Defendant: (a) enticed the victim as above; and (b) caused the victim to enter into a mortgage agreement with the victim on three real estates, such as Kimpo-si, Kimpo-si, Jeonpo-gun, Jeonpo-gun, and Chopo-gun, Kimpo-gun, and 304 square meters in size; (c) the maximum claim amount of KRW 300,000,000,000,000 and KRW 304,000,000,000; and (d) completed the registration of the establishment of the right to collateral security on the 13th of the same month.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits equivalent to the maximum amount of the above claim.

Summary of Evidence

1. The defendant's person;