beta
(영문) 대구지방법원 서부지원 2016.01.07 2015고단1795

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

【The Defendant was sentenced to one year’s imprisonment for fraud, etc. at the Daegu District Court on August 29, 2013, and completed the execution of the sentence at the Daegu Detention House on January 30, 2014.

【The Defendant, on June 15, 2015, purchased the purchase price of KRW 240,000,000 in D gas stations located in Daegu-gu, Daegu-gu, Daegu-gu, the victim E-owned at KRW 11:00,000. The Defendant concluded a contract to pay KRW 20,000,000 on June 30, 2015 with G, the mother of the actual owner of the building, who is the actual owner of the building, to transfer KRW 20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00.

The Republic of Korea will pay money to D gas stations and (ju) Woon, a representative of L&Wn's L&W, even if he sells oil.

“The purpose of “ was to make a false statement.”

However, in fact, the Defendant was only a representative of D’s gas station in the name of D’s gas station and did not actually run, and (ju) Q&D was not the representative of D’s gas station, and there was approximately KRW 70 million for personal debts without any particular property. D’s gas station was planned to discontinue its business at the end of July 2015, and thus, even if the mortgage was established in advance, there was no intention or ability to purchase the said real estate by paying the balance and paying it.

The Defendant, by deceiving G as such, entered into a mortgage agreement with the obligee and the mortgagee as to the above building, which is owned by the victim on the same day from G, and entered into such agreement with the obligor A, the joint guarantor and the mortgagee as the victim, and the maximum amount of the claim amount of KRW 200 million, and acquired pecuniary benefits equivalent to the above amount of the collateral upon registration of the establishment of the right to collateral.

Summary of Evidence

1. The defendant's statement in court;