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(영문) 대전지방법원 2018.11.22 2018고단2945

사기

Text

Defendants shall be punished by imprisonment for six months.

However, the execution of each of the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B On June 1016, 2016, Defendant B loaned KRW 20 million to Defendant B’s Dong-gu E (hereinafter “E”) to Defendant B, and created a right to collateral security on the said land. Defendant B, instead of Defendant B, who was detained, was released on May 12, 2016.

Upon receipt of demand, “A” said, along with Defendant A, the legal entity, who accepted D’s registration, stated that “A will cancel the right to collateral security on the land above E and create a new collateral on the F F’s land (“F”)” to the victim.

However, in fact, the Defendants intended to cancel the victim’s right to collateral security established in D’s criminal case attorney fee, etc. with the purchase price sold by E, and the F’s land had already been decided to commence a voluntary auction on May 20, 2016, and thus, even if the F’s land was established on the F’s land, the Defendants did not have the intent or ability to satisfy the victim’s claim or provide sufficient collateral.

Nevertheless, on June 20, 2016, the Defendants, along with the Defendants, set up the right to collateral without notifying the said F of the commencement of voluntary auction in the “A Certified Judicial Scriveners Office” located in the Nam-gu, Nam-gu, Nam-gu, Seoul and at the same time, had the victimized person cancel the right to collateral security of the said E land, thereby having D obtain the obligor D pecuniary gains equivalent to KRW 20 million in the amount of the secured debt of the E-mortgage.

As a result, the Defendants conspired to induce the victims to gain property benefits to D.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect by the prosecution against D, A, or C;

1. Each police statement made to C and H;

1. A protocol concerning the examination of suspects of D;

1. Certified copies of each contribution, such as each other, receipts on collateral security, and written statement of performance;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act and Articles 347(2), 347(1), and 30 of the Criminal Act for the selection of criminal facts;

1. Article 62(1) of the Criminal Act 1.