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(영문) 의정부지방법원 2019.07.17 2019고단1931

사기

Text

Defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

1. Fraud to K of a victim;

A. On November 8, 2013, the Defendant conspiredd with L and M to acquire profits from the person who intends to sell the land by means of receiving credit on a swine from the Defendant to receive the said land as a collateral, and around October 2013, the Defendant and L are the victims K, who were engaged in M in the restaurant located in the city of Guro-do at the end of Gyeonggi-do, and the Defendant and L are those who distribute pigs, etc., and the Defendant slaughtered pigs. The Defendant purchased the new land. To purchase the new land. If a right to collateral security is established on a party’s land, the Defendant would receive the right to collateral security from the swine supplier as a collateral and processed and sold pigs, and pay KRW 200,000,000 per share to the Defendant and the Defendant paid KRW 50,000 per share, respectively.

However, in fact, Defendant, L, and M did not intend to purchase the victim’s land normally from the beginning, and without paying the land price, set up a right to collateral security with the Defendant’s customer N in the Defendant’s land, which is the Defendant’s customer, and then, using the provision of physical collateral for the victim, Defendant used the provision of physical collateral to raise, process and sell pigs, and acquired the price, and the credit obligation was merely the intent to transfer the purchase price to the victim’s expense, and there was no intention and ability to pay the purchase price for the land to the victim.

The Defendant, in collusion with L and M, deceivings the victim as above, and caused the victim to do so on November 8, 2013, the Suwon District Court in Yangyang-gun District of Gyeonggi-gun to register the creation of a joint collateral mortgage with the victim’s N/B and the maximum debt amount as to the same military land owned by the victim, respectively, with respect to the same military land of the same group, P, Q, R, and R and four parcels of land. The amount equivalent to KRW 200 million from the victim.