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(영문) 수원지방법원 2016.03.30 2014고단2310

사기등

Text

Imprisonment with prison labor for the crimes set forth in Articles 4 through 7 of the judgment of the defendant, and one year for the crimes set forth in Articles 1 through 3 of the judgment.

Reasons

Punishment of the crime

[Criminal record] On January 27, 2011, the Defendant was sentenced to a suspended sentence of ten (10) years of imprisonment with prison labor for fraud, etc. at the Suwon Giwon, and the judgment became final and conclusive on February 8, 2011.

[2014 Highest 2310 [2014 Highest 2310] The defendant introduced the debtor to the victim C, and received 10% of the borrowed amount from the debtor as the fee, and received about 4% of the borrowed amount from the victim and obtained about 6% of the remainder, and had the debtor who is not capable of providing repayment or sufficient security to the victim receive the fee by introducing the debtor who is not capable of providing repayment ability or sufficient security to the victim

1. On October 16, 2012, the Defendant, via D around February 20, 2012, would allow the Defendant to lend money to the victim “E” to receive interest on the third part of the month and to receive the principal clearly after two months.

Security has been confirmed as a whole.

“For the purpose of the purport, the victim granted KRW 100 million to E as a loan, and made a registration of establishment of a collateral equivalent to KRW 150 million with respect to G land owned by F for the victim at the time of harmony owned by F, with the maximum amount of KRW 150 million.

On October 16, 2012, the Defendant issued a false statement to the victim in the vicinity of the Donnam Eup's Dondong-gu, Dondong-gu, Jinsung, to the effect that “The serial number and password of the registered information can be deleted in order to cancel the registration of the establishment of the right to collateral security, which was provided as security for the immediately transfer of 100 million won, by telephone, to the victim.”

However, the defendant knew that E did not have the intent or ability to pay 100 million won to the victim even if he knew of the serial number and password of the registered information so that the defendant can cancel the registration of the establishment of the right to collateral security established on the land provided as security.

Accordingly, the defendant deceiving the victim as above, identified the serial number and password of the registered information from the victim, and set it on the above land.