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(영문) 인천지방법원 2017.02.03 2016고단5704

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From May 2006 to September 30, 2013, the Defendant operated E Co., Ltd. with D 4th floor in Yeonsu-gu Incheon Metropolitan City 403-1.

The Defendant decided to accept E Co., Ltd. in KRW 500 million from F, and paid down payment and intermediate payment, but he did not have a way to prepare any balance, with the victim G’s right to sell KRW 318 million against D 403, Yeonsu-gu, Incheon, Yeonsu-gu, Incheon, by taking over KRW 300 million. On May 16, 2006, in lieu of taking the damaged party’s right to sell the land at the office of Yeonsu-gu, Incheon, the Defendant made the registration of the establishment of the second priority collective security right in the victim’s future in order to prepare and secure a loan certificate with the purport to pay interest of KRW 1.5% per month to the injured party within six months.

On May 17, 2006, the Defendant divided the above 403 Nos. 403-1 and 404 on May 19, 2006, and registered the transfer of ownership, which is an employee, and received a loan equivalent to KRW 300 million as security, and acquired E company with a loan equivalent to KRW 300 million. On June 2, 2006, the Defendant registered the creation of the second priority collective security interest in the victim’s future.

On March 208, 2008, the Defendant sold the above 403-1, if the registration of the establishment of the right to collateral security in the name of the victim as set forth in the above 403-1 was cancelled, and paid KRW 318,00,000 to the victim who was under severe pressure of funds due to the difficulties in the management of the company in the above E office. The interest shall be fully repaid with the profits arising from the operation of the company in the future.

“A false representation was made.”

However, in fact, the defendant was unable to pay only twice the interest of KRW 318 million, and the company's account was seized by the company from Yong-Nam-do because he did not pay KRW 150 million borrowed from the principal, and it was not changed by borrowing KRW 250 million from F, as well as by borrowing KRW 250 million from the new bank and borrowing KRW 400 million from J and L as employees of the company.