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(영문) 대구지방법원 포항지원 2012.08.13 2011고합78
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[2011Gohap78]

1. Around September 30, 2009, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim C was authorized to establish the right to collateral on the E forest land 130,619 square meters in Yangsan-si, the injured party’s office located in Yangsan-si. Even if the Defendant borrowed the forest as collateral used the money for purchasing the F Commercial Building (hereinafter “the Commercial Building”) in Gyeyang-gu, Seo-gu, Seoul (hereinafter “the instant commercial building”), the Defendant did not have the intent or ability to pay the purchase price for the said forest as the purchase price for the instant commercial building. The victim did not have the intent or ability to pay the purchase price for the said forest as the purchase price for the said forest. The Defendant established the right to collateral with the purchaser’s maximum debt amount of KRW 650,000,000,000,0000,000,000 won, excluding the maximum debt amount of KRW 80,000,00,00 won.

The prosecutor instituted a lawsuit on the premise that the defendant would pay the purchase price of the above forest as KRW 600 million borrowed from G with the establishment of the right to collateral security, but according to the evidence presented below, the victim C knew that the defendant would borrow the above forest as collateral and would use the proceeds as the purchase price of the commercial building of this case purchased by the defendant. The defendant agreed to pay the purchase price of the above forest as the purchase price to the victim after the purchase of the commercial building of this case. Thus, this part of the crime is revised and recognized.

2. Each fraud against the victim H, I, J, and K.

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