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(영문) 대전지방법원 공주지원 2020.02.07 2019고단191

사기등

Text

1. Defendant A shall be punished by imprisonment for two years.

An applicant for compensation shall be dismissed.

2. Defendant B.

Reasons

Punishment of the crime

Defendant A is a person who operates an agricultural company E Co., Ltd. (hereinafter referred to as “E”) located in Do, Seo-gu, Daejeon (hereinafter referred to as “G”) and G Co., Ltd. (hereinafter referred to as “G”).

Around March 2, 2018, the Defendant, at the E office around March 2, 2018, made a false statement to the victim H that “I would not have any expense to proceed with a loan by collateral on the land and a house owned by G. If the expense is KRW 20 million, he/she may obtain a loan of KRW 800 million after two months. If the Defendant borrowed KRW 20 million at the expense, he/she would immediately obtain a loan of KRW 80 million after two months, and the same year will continue to be paid.”

4. Around 26.26. Around the same place, the victim made a false statement to the effect that “a loan will not be made in addition to KRW 5 million. Tax will not be paid.” After two months, the loan will be made together with KRW 20 million.”

However, around July 2017, the Defendant had failed to pay interest equivalent to KRW 1,260,000,000 which was already loaned by the IF, and the insurance premium was in arrears with approximately KRW 9,000,000,000,000. In order to pay the interest and insurance premium in arrears, the Defendant borrowed money from the victim. The comprehensive credit rating at the time was class 9, in addition to the IF loans to the IF, the Defendant had no intent or ability to pay the borrowed money to the victim. The Defendant had already filed a provisional registration of the right to claim for transfer registration of ownership established by K and L with the IF on the land that the Defendant would offer as security. The Defendant did not have the ability to cancel the provisional registration, and the Defendant did not have any intent or ability to pay the borrowed money two months later as agreed upon with the victim by taking out the land as security.

The Defendant, as above, deceiving the victim and deceiving him from the victim, to the M Bank Account (Account Number: N) in the name G, around March 2, 2018.