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(영문) 광주지방법원 순천지원 2016.11.23 2015고단2560

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant and the victim D jointly purchased the forest land E 4625 square meters (hereinafter “instant land”) at the time of leisure water by investing KRW 67.7 million in the Defendant, and KRW 130,000,000,000.

1. On April 20, 2010, the Defendant made a false statement that “The Defendant would have the victim lend money with the instant land as security. To this end, the Defendant would immediately repay the Defendant’s debt to H with the mortgage on the instant land and pay the debt created as security.”

However, the Defendant did not have a certain amount of income at the time, and the amount of tax in arrears exceeded KRW 80 million, as well as about KRW 1.8 billion. However, even if the Defendant borrowed money as a collateral on the instant land, there was no intention or ability to repay the money, or to terminate the right to collateral security established on the instant land.

Nevertheless, the Defendant, by deceiving the victim as above, obtained a certificate of the personal seal impression and seal necessary for the establishment of collateral from the victim on April 20, 2010, and borrowed KRW 1100 million to the bond manager I for the instant land. However, the Defendant did not pay the above loan, thereby obtaining an auction procedure regarding the instant land, thereby obtaining the amount of KRW 130,000,000,000, which is the money invested by the Defendant in connection with the purchase of the instant land.

2. On November 15, 201, the Defendant made a false statement that “The Defendant would transfer 3,540 shares, 6% of the company’s shares, if the Defendant had promised to be a LSA and invested KRW 120,000,000,000 to the Defendant in the K Office located in the GJ in Gwangju-si, Mineyang-si.” If the Defendant believed that there is no vision, the Defendant would collect shares transferred on November 30, 2012 and give KRW 150,000,000,000,000 to the Defendant.”

However, L is selling performance and value added tax at the time.