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(영문) 서울서부지방법원 2014.10.24 2013고단1699
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

Although the Defendant was aware of the fact that Co. F, etc. filed a lawsuit seeking the confirmation of right of retention against the building Nos. 424 and 524 of the Mayang-gu E-U.S., the Defendant had been aware of the fact that he had filed a lawsuit seeking the confirmation of right of retention, the Defendant did not notify the said fact and did not intend to obtain the loan by providing the victim G

On September 1, 2010, the Defendant concluded that, at the I’s office located in the Seocho-gu Seoul Metropolitan Government H Sastm, the Defendant did not notify the victim of the dispute over the above Btel debentures as above, and provided that, “If the Defendant borrowed KRW 240 million with the above Btel debentures as security, he/she would complete payment until September 29, 2010.”

However, there was no collateral value equivalent to KRW 240,000,000,000 for the above officetel 2 bonds during the exercise of the lien on the claim amounting to KRW 1.3 billion for the above officetel 30 bonds, and the Defendant provided a joint and several surety for the monetary obligation amounting to KRW 2.1 billion borrowed from the Korea Mutual Savings Bank as a security for the above officetel 30 bonds, but the Defendant did not have any intent or ability to pay the said bonds even if he borrowed money from the victim, because it is difficult to expect normal profits, such as withdrawal of auction, after borrowing part of the loan amounting to KRW 340,000,000 from the K.

Nevertheless, the defendant deceivings the victim as above and acquired 290 million won from the victim on the same day.

Summary of Evidence

1. Statements made by witnesses G in the second trial records;

1. Entry of witnesses and M in the third protocol of trial;

1. Statement of witnessN in the seventh trial records;

1. A copy of a loan agreement, a copy of the agreement on the loss of benefit of time, a copy of each letter, a copy of the notarial deed of promissory notes, a copy of each written judgment, and a certified copy

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