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(영문) 수원지방법원 성남지원 2015.07.23 2015고단362

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the actual representative of (ju) C, who is a motor vehicle black box manufacturer, and is the actual owner of the land D and 1 other than D in Gyeonggi-do and the building on the ground.

Around April 10, 2013, the Defendant loaned 100 million won to the Victim F at the Defendant’s home located inHanam-si to the Victim F, “I, while this house is G in the name of this house, in fact, provide this house as a security, 2.5 million won as of the 10th day of each month and as the representative director of the HaHaHa H. The collateral value of the said house was set at a provisional attachment of 40 million won in the amount claimed to the Korea Technology Credit Guarantee Fund equivalent to 90 million won. The collateral value of the said house was set at 48 billion won in the amount claimed to the Korea Technology Credit Guarantee Fund, the maximum debt amount of 192 million won in the bank located in Korea, 200 million won in the name of the Hanam-si, and 100 million won in the amount of collateral security, even if excluded from the maximum debt amount of 192 million won in the name of the Bank of Korea, 100 million won in the amount of collateral security deposit, and there is no problem for H Corporation.”

However, in fact, the debt amount was equivalent to one billion won due to the difficulties in the management of the company at the time, and the auction of the above house has already been predicted, from February 22, 2013.

3. Until April, 300, the Plaintiff created a priority claim amounting to 117 million won against four disguised tenants, including J, and since there was no plan to expropriate the said real estate in LH construction, there was no property value to receive dividends through the auction procedure even if the Plaintiff created a collateral security.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 100 million on the same day from the victim, and acquired the above money by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The Criminal Act, the suspension of execution;