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(영문) 대구지방법원 의성지원 2018.04.26 2016고단262
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 30, 2015, the Defendant was sentenced to four years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court, and the judgment became final and conclusive on May 12, 2016.

On July 11, 2012, the Defendant: (a) accessed the Victim B to operate the Lestop, and (b) discussed that “it is possible to import meat with commercial buildings, and revitalize the business; (c)” the Defendant: (a) concluded a contract for the lease of commercial buildings, etc. with the victim; (d) concluded a lease agreement on the instant commercial buildings D, E, and F (hereinafter “instant commercial buildings”); and (e) drafted, on July 31, 2012, a promissory note process (hereinafter “the instant fair deed”) with the debtor B and the creditor, with a face value of KRW 100,000,000,000,000, inasmuch as there was no fact that the lease deposit was paid or received between the victim and the victim.

The Defendant, as above, did not have a monetary claim equivalent to KRW 100,000 against the victim, but had kept a false deed of process of this case, and used it to obtain the seizure and collection order from the court and acquired the victim’s property.

Accordingly, on December 2, 2015, the Defendant filed a motion to the effect that “The Defendant shall seek a judgment to seize and collect KRW 100 million deposit claims against G banks, etc. of the victim” in the first branch of the Chuncheon District Court located in Seocho-si, 2015, and that the Defendant shall have the first branch of the Chuncheon District Court H in December 10, 2015 decided to seize and collect the claim under 5332, excluding the first branch of the Chuncheon District Court in 2015, and thereafter, the Defendant acquired the same amount of pecuniary benefits by the said decision finalized around that time.

Summary of Evidence

1. Entry of a defendant in part in the fifth public trial records;

1. Legal statement of the witness B;

1. Statement made by the police against B;

1. A copy, such as the main text of the Chuncheon District Court Decision 2015, Doz. 5332, a copy of the complaint filed by the defendant, a copy of a promissory note, and real estate.

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