beta
(영문) 인천지방법원 2021.01.22 2020고단4465

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 9, 2015, the Defendant agreed with the victim C about KRW 6.6 billion of the first construction cost among the facility improvement construction works for B Contac in the amount of KRW 2.02,4 million. On July 30, 2015, there was a dispute between the victim and the victim on July 30, 2015 and the non-payment of the construction cost at any time, and set up a collateral security right of KRW 300 million of the claim maximum amount of KRW 1 B E and 1th class F owned by the Defendant as security.

The Defendant, around October 2015, contributed to the Victim G, “The Defendant has invested in the automobile credit business chain G, and immediately entered several billion won as the remainder, and changed to G the right to collateral security established on the real estate in the name of D. The Defendant, upon receipt of the remainder, will complete the payment even out of the payment for the construction work.

“A false statement was made to the effect that it was “.”

However, in fact, the defendant was urged to pay the loan to G at the time, and even if the injured party transferred the right to collateral security established on the said real estate to G, he did not have the intention or ability to pay the unpaid construction cost.

On October 30, 2015, the Defendant received bonds and certificates of transfer necessary before the registration of the establishment of the right to collateral security from the injured party at a place where it is impossible to know from the injured party on or around October 30, 2015, and received bonds and certificates of transfer of the right to collateral security from November 6, 2015, G acquired property benefits equivalent to KRW 300,000 of the maximum amount of the claim.

Summary of Evidence

1. A legal statement made by the witness C in order to the effect that there was no deceiving of the victim in the process of moving the registration of the establishment of a right to collateral security in the name of the victim as to real estate in the judgment of the witness C, since the registration of the establishment of a right to collateral security in the name of the victim was completed formally without the secured claim.