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(영문) 인천지방법원 부천지원 2017.04.20 2017고단381

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 14, 2014, the Defendant obtained a loan of KRW 14 million from the JB Republic of Korea, and as security the said lending company. The Defendant is a person who set up a pledge on the maximum amount of KRW 135,200,000 for the Defendant’s claim for the repayment of the lease deposit equivalent to KRW 170,000,000 against the victim C, who is the lessor of 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).

The remaining lease deposit amount of KRW 148 million (=170 million) - The deposit amount of KRW 170 million was refunded in advance as the down payment.

20 million won - All payments of the penalty for termination before the expiration of the period are returned, the problem will not arise by paying directly the loans of JB Capital Co., Ltd.

“.....”

However, in fact, the Defendant was thought to use the bond that was returned from the damaged party as the purchase fund of apartment house and its incidental expenses, and there was no other financial ability at the time, and there was no intention or ability to cause any problem to the victim due to the repayment of the loan that is the object of the above right of pledge to the above lending company.

Defendant deceiving the victim as above and received KRW 148,00,000,000,000 from the injured party on the same day, and acquired the money of the lease deposit amount of KRW 148,000,000,000, which is equivalent to the amount of the above pledge right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement (List 5) made by the police against C;

1. Application of each real estate lease agreement (list 2, 11), written consent to the establishment of a pledge (list 3), a certified copy of the registry of real estate (list 6), a list of contracts for the establishment of a pledge right (list 9), and a written consent to the transfer of a claim (list 10);

1. Article 347(1) of the Criminal Act, which provides that the applicable law and the choice of punishment against the crime shall be applicable;