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(영문) 서울서부지방법원 2017.01.06 2015고단725

사기

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

Punishment of the crime

1. From January 1, 2011, the Defendant: (a) from around January 1, 201, the Defendant Company D (hereinafter “D”) that is a general liquor distributor in Gangseo-gu Seoul Metropolitan Government.

A person who has taken over and registered E as a representative director under the name of E and actually operated the said company.

On February 16, 2011, the Defendant is prohibited from receiving alcoholic beverages from a liquor company unless he/she provides security from the victim F at the above D office.

There is no security that should be provided as security equivalent to KRW 450 million for the liquor company of the party funeral.

As security for real estate companies, 83 million won on the last day of each month from March 2011 to July 201 and 415 million won on the last day of each month will be repaid every five times.

“.....”

However, even if the defendant provided real estate owned by the victim as security to the alcoholic beverage supplier, he/she was supplied with alcoholic beverages by the alcoholic beverage supplier and sold them, and there was no intention or ability to change the victim's real estate amounting to KRW 83 million between four months.

Ultimately, around February 17, 2011, the Defendant made the victim make a false statement to the victim and caused the victim to obtain pecuniary benefits equivalent to KRW 450 million in total of the above maximum amount of claims by setting up a collateral security right of KRW 150 million to the liquor supplier company, Puuua Korea Co., Ltd., a liquor supplier, the amount of the claim, and Duua Korea Co., Ltd., with respect to G land and buildings owned by the victim, respectively, and obtained pecuniary benefits equivalent to KRW 450 million in total.

2. The defendant's assertion and his/her defense counsel are the facts establishing each right to collateral, but the defendant did not actually operate the above company, and the injured party requests the defendant to offer each of the above real estate as collateral through D in order to facilitate the sale of each of the above real estate, and provided each of the above real estate to the victim as collateral, and the defendant did not make the statement like the facts charged.

3. Determination

(a) the witness H and I, respectively;