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(영문) 서울서부지방법원 2017.07.06 2017고단284

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[criminal records] On October 28, 2016, the Defendant was sentenced to one year of imprisonment for fraud and two years of suspended execution at the Seoul Western District Court (Seoul Western District Court), and the decision to dismiss the appeal was made by the same court on January 20, 2017.

[Criminal facts]

1. On January 27, 2015, the Defendant would create a collateral security right under the Yongsan-gu Seoul Metropolitan Government apartment G 2002, which is owned by the Defendant with interest and principal paid up until April 27, 2015, to the victim F in the E-legal office located in Mapo-gu Seoul, Seoul, and which is owned by the Defendant as a collateral, around January 27, 2015.

“.” The purport was “.

However, while the Defendant was operating the so-called “H” processing company, the Defendant was suffering from considerable financial difficulties on the wind that would be refused to pay bills in an amount equivalent to one billion won received from the trading company on or around 2014. Moreover, the Defendant had a financial burden of KRW 1.5 billion in total at a new bank, etc., making it difficult to pay the interest. Moreover, the Defendant had already been established a right of lease on a deposit basis, which is 5.12,400,000 (right of lease on a deposit basis) and a deposit basis, which is 5,00,000 (right of lease on a deposit basis) in the above apartment.

2. On December 12 to 13, 198, the above apartment was scheduled to register the establishment of a right to lease on a deposit basis, which is 257,000,000, and the establishment of a right to lease on a deposit basis, which is 138,000,000, respectively, and thus, even if the right to lease on a deposit basis was established in the name of the victim

Nevertheless, the defendant - who makes a false statement as above and caused damage to the defendant - - 40 million won on January 27, 2015, the same year.

2. 16.20 million won was remitted to a new bank account in the name of each of the Defendant.

2. The Defendant, who committed the crime on February 23, 2015, borrowed the victim with money that is worth KRW 6 million from the ordinary land to KRW 6 million on February 23, 2015.

“.” The purport was “.

However, the defendant's intent to pay money to the injured party even if he borrowed money from the injured party as provided in the above "1".