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(영문) 수원지방법원 2015.08.20 2014고단6846

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On November 4, 2010, the Defendant was sentenced to two years in Seoul High Court to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment was finalized on November 12, 2010. On January 30, 2015, the Seoul High Court sentenced two years and six months to imprisonment with prison labor for a violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in Seoul High Court, and the judgment became final and conclusive on April 3,

【Criminal Facts】

On September 12, 2007, the Defendant borrowed KRW 450 million from the victim E in the name of the Defendant’s wife D with the introduction of C on September 12, 2007, and set up a first priority mortgage on the F forest land and 301 square meters in G 1,498 square meters (hereinafter “instant real estate”).

On December 13, 2007, the Defendant paid 120 million won to the victim the borrowed principal through C on December 13, 2007, and instead cancelled the above first priority mortgage and instead set up the second priority mortgage on the instant real estate.

Around September 2009, the Defendant, through C, provided the victim with a debt (based on principal) equivalent to KRW 330 million and provided the victim with a security of KRW 3967,000,000,000,000,000 as the principal, and said that part of the principal would be repaid, if the Defendant cancelled the registration of the establishment of the second class of the victim’s property established on the instant real estate.

However, even if the victim’s cancellation of the registration of the establishment of the second-class neighboring land established on the instant real estate, the Defendant had to undertake the development project according to the real estate development agreement entered into with the owner of H 3,967 square meters of land in Ansan-si, and thus, could not be provided at will to a third party as security, and there was no other property, thereby

Ultimately, the Defendant deceiving the victim as above and let the victim cancel the registration of establishment of the second-class mortgage of the victim established in the instant real estate around September 24, 2009, thereby compensating the victim of the loss or the Defendant equivalent to the value of the collateral.