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(영문) 대전지방법원 2017.04.19 2016고단3452

사기

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A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Reasons

Punishment of the crime

"2016 Highest 3452"

1. The Defendant is a person who actually runs the business of packaging money meat in the name of “F” column in Daejeon Jung-gu, Daejeon.

On January 1, 2015, the Defendant stated that “The F office of the F office of the F office of the F office of the F company, as the Defendant would set up a collateral on the apartment with the market price of KRW 100,000,000, the Defendant continued to supply the land. The maximum amount of the credit of the senior collateral security may be KRW 39,000,000 and KRW 50,000,000 each year may be sufficiently secured.”

However, in addition to the priority mortgage of the maximum amount of KRW 39,000,000, there was an opposing right of KRW 72,000,000, and there was no actual value of collateral for the victim to set up a collateral security.

Nevertheless, as if the Defendant concealed the existence of the opposing right of lease and set up a collateral mortgage on an apartment with secured value, the Defendant made a false statement, and was supplied from the injured party with pigs amounting to KRW 42,332,302 at the market price from January 9, 2015 to September 24, 2015.

"2017 Highest 126"

2. On November 5, 2015, the Defendant: (a) at the Jung-gu Daejeon Special Metropolitan City H “I Point,” the victim J stated, “The Defendant would immediately repay the amount of KRW 25 million after one month from the loan; (b) there is no problem in paying the amount because the processed and distributed livestock products would have 10 times the margin of distribution; and (c) the Defendant may fully repay the F’s operating assets only with F’s business assets.” On the same day, the Defendant was remitted 20,150,000 won from the victim who believed that he/she obtained the interest from F’s national bank account on the same day.

However, in fact, F Co., Ltd. operated by the defendant was unable to pay the credit purchase amount and other debts in the absence of the collection of the credit, and the employee's benefits were not paid.