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(영문) 서울북부지방법원 2017.09.27 2016고단361 (1)

사기등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, on October 15, 2013, purchased land in the high seas and KRW 600 million to F, an agent of the victim E, at a non-permanent location on October 15, 2013.

“A false statement” was made.

However, at the time, the Defendant did not pay the total amount of KRW 10 million, and the obligation including taxes was KRW 75 million at the time, and there was no particular property other than the deposit of KRW 10 million, and there was no intention or ability to pay the purchase price even if the Defendant received the establishment of the right to collateral security from the injured party.

Nevertheless, on October 15, 2013, the Defendant entered into a sales contract with the above F and paid 30 million won as the down payment for the land sale, and thereafter, the Defendant had the said F set up a collateral security right with regard to the said land as KRW 120 million with the collateral claim and the maximum amount of the claim amount of KRW 70 million.

When the Defendant continued to not pay the price of the goods to H and caused the risk of the commencement of voluntary auction, the Defendant would not pay the price of the goods to the H, and even though there was no intent or ability to trade with ENB information and communication, the Defendant would terminate the right to collateral security against the said land to the said F on November 26, 2013, and sell and pay the price of the land by selling and selling goods supplied from ENB information and communication to the said F on November 26, 2013 after offering the said land as collateral to ENB information and communication.

“A false statement” was made.

Around November 26, 2013, the Defendant: (a) had FF created the right to collateral security on the said land with the maximum amount of KRW 657,00,000,000,000,000 for Echidif Information and Communications, and the maximum amount of claims; (b) ultimately, around March 12, 2014, deleted the registration of the right to collateral security; (c) borrowed KRW 200,000 from I, who is a bond company, and (d) had F F.