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(영문) 부산지방법원 동부지원 2015.06.17 2014고단2318
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On November 2013, the Defendant provided “No. 101, 1702, and borrowed money from the victim E (the age of 32 at that time)” under the name of the People’s Republic of China, “No. 101, 1702, Seosan-gu Da apartment house No. 1702” as a provisional registration security for sale in order to raise the casino gambling funds at a mutually unfortunate casino in

However, on December 22, 2011, in addition to the right to collateral security established as the debtor C, the maximum debt amount of 75,400,000 won and the right to collateral security savings bank in Busan, Inc., the mortgagee of the right to collateral security, as well as the right to collateral security established on May 3, 2011, the unregistered lease contract was concluded with the tenant of 200,000,000 won from May 3, 201, and the moving-in status was the priority claim against the third party, and the above obligation equivalent to the deposit was additionally existing in the above apartment.

1. On November 28, 2013, the Defendant stated that “D apartment 101-dong 1702 is currently residing in a family member of A (Defendant) and clean without collateral except as a collateral in the future of Busan case through G through a certified judicial scrivener office where the name of the Defendant cannot be known in front of the Busan District Court, which is located in the Busan District Court.” On November 28, 2013, the Defendant stated that “The loan will be repaid at latest within three months at the latest.”

Therefore, the defendant acquired 90,000,000 won from the victim to the Busan Bank account of G on the same day.

2. On February 5, 2014, the Defendant was unable to repay the borrowed money as referred to in paragraph 1 at a certified judicial scrivener office where it is impossible to know the trade name in the Busan Jin-dong, Busan, the Defendant made a false statement to the effect that “The Defendant would lend 50,000,000 won to the victim in addition to the right to collateral security established in Busan, and transfer the ownership of D apartment.”

Therefore, the defendant acquired 50,000,000 won from the victim on February 7, 2014 from the victim.

Summary of Evidence

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