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(영문) 서울북부지방법원 2018.04.13 2017고합228
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Criminal facts

The Defendant is the actual operator of the “C” corporation, which is a wholesale and retail company for agricultural food in Gwangjin-gu Seoul Special Metropolitan City.

On November 1, 2015, the Defendant: (a) around 11:00, at the victim E’s office located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City on November 1, 2015, the Defendant: (b) performed usual work on the business management and management manager of E Co., Ltd. in Chungcheongnam-gu Special Metropolitan City, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City (hereinafter “Ocheon-gu forest”) to operate the construction business; (c) the market price of the land is KRW 80 million or KRW 900,000; (d) the sale price of the new building is KRW 1 billion; (e) the sale price is set at KRW 220,000,000; (e) debt is KRW 130,000,000; and (e) the first priority order is set up on the land; and (e) the order of priority 10,000,000.”

However, in fact, the market price of forest land located in the river was approximately KRW 200 million or KRW 300 million, and the Defendant was in bad credit standing at the time, and the Defendant was to pay KRW 450 million when purchasing forest land located in the river from H around July 2015, but was not paid KRW 270 million out of the above purchase price until November 2015, 2015, which was at the time when the Plaintiff was supplied with the land from the injured party, until around November 2015, which was at the time of receiving the said purchase price, the Defendant did not have any intent or ability to normally set the first priority collateral security right as to forest land located in the river.

Nevertheless, the Defendant was supplied with 81 dubs in total amount equivalent to KRW 31,158,714 from J, Inc., Ltd., Ltd., Ltd., located in Gwangjinyang-si around November 10, 2015, from that time until December 21, 2015, the Defendant was supplied with 54,94,144 won in total 19 times until December 21, 2015, and was clearly supplied with 330,530,55 won in written indictment, as shown in the list of crimes in the attached Table, and thus, did not pay the amount of KRW 335,530,555,555 in total.

Accordingly, the defendant deceivings the victim.

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