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(영문) 대전지방법원 천안지원 2017.07.13 2016고단1600

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for ten months.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

Defendant

B On December 21, 2012, he was sentenced to six months of imprisonment for fraud at the District Court of the Netherlands on March 19, 2013 and the judgment became final and conclusive on March 2013.

Defendant

B is the actual operator of “I gas station” located in H at the Asan City in the name of the wife G, and the Defendant A is the building contractor who constructed the “I gas station.”

From October 19 of the same year, the Defendants borrowed KRW 310 million from the injured party, and set up a collateral security (hereinafter “instant collateral security”) with the maximum claim amount of KRW 360,000,000,000,000 from the building and the land on the same day on the same day after they borrowed KRW 310,000,000 from the injured party around October 19 of the same year.

On the other hand, on September 2009, Defendant B entered into a service contract with Defendant B for the purpose of acquiring the authorization and permission for the development of the said land as the main site for oil supply, and Defendant B did not have any right to the said M land, such as ownership.

In addition, Defendant B was only 135,074 won in the balance of the passbook used for business around February 2010, and around that time, Defendant B had a total of approximately KRW 700,000,000,000,000,000,000.

Defendant

B As such, following the cancellation of the instant collateral security, B had the intent to obtain an additional loan by taking the said “I gas station” as a security, and Defendant A may receive a loan amounting to KRW 600 million from the Korea Credit Guarantee Fund as security at the I gas station on the face of the cancellation of the instant mortgage.

In addition, Defendant A did not know that the Credit Guarantee Fund would actually grant a loan of KRW 600 million to the said Fund as security. However, Defendant A did not know that the said “I gas station” was used as security.