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(영문) 부산지방법원 2015.11.12 2015고단2430

사기

Text

1. Defendant A shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

B On September 18, 2012, the Busan District Court sentenced four months of imprisonment for fraud, etc., and completed the execution of the sentence on January 15, 2013.

1. The defendants' joint crime: The defendant A is the owner of the D building at the time of Gyeongnam-do, and the defendant B is the person who is in the same business relationship with the defendant A.

On October 15:00 on October 10, 2014, the Defendants made a notarized statement to the effect that “E shall not enter due to the right to collateral security of KRW 230 million established on September 29, 2014 on D, the maximum debt amount of KRW 230,000,000,000, to the victim E at the office of Han-gu Law Firm (hereinafter “E”), a notary public, who is in Yong-Nam-si, Yong-Nam, Dong-ri, 865, and that “E shall not enter the lessee because of the right to collateral security established on September 29, 2014. If the right to collateral security is terminated at the time of the termination of the right to collateral security, the Defendants would lease the D building and immediately have the obligation to be repaid to E as the deposit.” The Defendants

However, the Defendants did not have the intent or ability to repay the obligation to the victim even if the victim had terminated the right to collateral security.

On October 10, 2014, the Defendants: (a) deceiving the victim; and (b) had the victim terminate the said right to collateral security; (c) obtained pecuniary benefits equivalent to the value of the collateral security.

2. Defendant B’s crime: (a) on January 13, 2015, the Defendant submitted to the Busan District Public Prosecutor’s Office located in the Busan District Public Prosecutor’s Office that “E established the right to collateral security on the basis of a deed signed by a private person authenticated, in the absence of any claim on the D, at the beginning of October 2014; and (b) on February 11, 2015, the Busan Public Prosecutor’s Office established the right to collateral security of KRW 230 million on the basis of the maximum amount of debt on the D building, and stated that, around November 2014, the Defendant requested him/her to pay the debt; and (c) requested him/her to punish him/her for suspicion of attempted fraud, etc. by putting the said D building into an auction.