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(영문) 수원지방법원 2012.09.05 2012고합240

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On October 2010, the Defendant paid KRW 1,000,000 per month to the victim D employed through the job seeking advertisement for the career-based employees employed by the Defendant as the vice president (director) of the Company, and subsequently, the Defendant and the de facto Party E went through a high-class off-class off-class passenger vehicle (BM730i, BW730i, BWz230), and run a large-scale investment business in a large officetel (65 square), and as a business entity, he belongs to the victim as he/she is able to obtain money from the victim by means of using the existing loan repayment, living expenses, entertainment expenses, entertainment expenses, and gambling funds.

1. On November 2010, the Defendant made a false statement to the effect that, at the office of G Co., Ltd. (hereinafter “G”) located in Yongsan-gu Seoul Metropolitan City, Yongsan-gu, Seoul Metropolitan City (hereinafter “Seoul Metropolitan City”), the Defendant would have the victim D borrow money as collateral because the funds are urgently needed to acquire and sell He and obtain profits from the purchase and sale of He, thereby obtaining a loan as collateral for an apartment. The Defendant requested at any time to repay the loan within two months.”

However, since the fact is a situation in which it is inevitable to use a loan from the bank at the time, the victim's apartment as security had no intention or ability to pay the loan properly even if the company receives the loan amounting to KRW 220 million from the bank.

On November 25, 2010, the Defendant deceptioned the victim as above, set up a right to collateral security with the maximum debt amount of KRW 264 million on the apartment owned by the victim at the Industrial Bank of Korea located in the Donggdong-dong-dong-dong, Yongsandong-gu, Yongsan-gu, Busan Metropolitan City, U.S., and the Defendant borrowed KRW 220 million in G’s name.

2. On November 2010, the Defendant used the victim’s “at the time of drinking alcohol” to use the victim’s “at the time of drinking alcohol” for a total of one million to two million won.