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(영문) 서울중앙지방법원 2014.08.14 2013고합613

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for three years.

Of the facts charged in the instant case, the Defendant is acquitted.

Reasons

Punishment of the crime

【2013 Highly 613” Defendant C, D, one’s name “E”, etc. provided false collateral and intended to receive and dispose of goods from a supplier of computer parts. D prepared false G and forged documents which disguised the status of G through E, etc., the actual owner of the F land in Ansan City (hereinafter “Bed land”), and the Defendant and C offered goods as collateral on the basis of the above false G, etc. and offered goods as collateral.

Around July 15, 2011, the Defendant, along with C, D, E, etc., prepared a document related to the establishment of a collateral security right on the land at the office of the company selling computer parts in Yongsan-gu Seoul Metropolitan Government HH, 21, 1221, and 1221, and completed the registration of the establishment of a collateral security right on the land at the same date by the debtor Q-mortgage, I, and the maximum debt amount of 2.5 billion won to the representative director of the victim company K through K of the actual operator of the "J" of the "J" of the company selling computer parts in Yongsan-gu, Seoul. < Amended by Presidential Decree No. 23524, Jul. 18, 2011; Presidential Decree No. 23568, Jul. 18, 2011; Presidential Decree No. 26075, Feb. 1, 2011>

However, in fact, the defendant, C, D, E, etc. intended to establish a false mortgage on the safe land using false G, and there was no intention or ability to provide actual security to the victim company.

Nevertheless, on July 20, 201, the Defendant, in collusion with C, D, E, by deceiving the victim company as above, and by allowing K to receive from the victim company the amount equivalent to KRW 742 million in the market price of the computer Medigraph (ECS G41T-M6) 14,000, and 742 million in the market price.

[Judgment of the court below] Defendant 1