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(영문) 부산지방법원 2017.08.18 2016고단8140
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 12, 2015, the Defendant said that “A” (hereinafter “Defendant Company”) is the operator of the “Co., Ltd.,” (hereinafter “Defendant Co., Ltd.”) and that “F, the head of the management division of the said Company, when moving his/her place of business, will re-establish the right to collateral security under the same conditions after moving his/her apartment to a new place of business if he/she terminated the right to collateral security before moving his/her place of business.”

However, the Defendant, who is the Defendant’s wife (H), had no intention or ability to establish the right to collateral security in the future of the victim company even if the instant right to collateral security was terminated in the name of the victim with respect to the instant apartment Nos. 103, 501 (hereinafter “instant apartment”).

The Defendant received from the victim company the amount of KRW 200,000,000,000,000,000,000 from the right to collateral security of this case.

[In regard to this, Defendant / defense counsel asserted that the Defendant did not agree to re-establish the right to collateral security for another real estate on the part of the Defendant in the future of the victim company, since the Defendant had a high credit on liquidity even if the right to collateral security was terminated by the victim company.

In full view of the evidence duly examined and adopted by this court, the above facts of the crime can be sufficiently recognized, and (a) at the time, the victim company applied for a payment order of KRW 150,395,453 against the defendant company by the court 2015th 4186, and applied for a payment order of KRW 150,395,453 against the defendant company on May 13, 2015 (the above payment order has been increased later, and the contract for the transfer of the defendant's goods on July 25, 2015 provides that the defendant company's obligation to the victim company was 260,636,516 won) and the re-establishment of the right to collateral security in June 2015.

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