(영문) 수원지방법원 2017.07.05 2017고단2912

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(영문) 수원지방법원 2017.07.05 2017고단2912

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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 30, 2012, the Defendant: (a) at the Defendant’s house located in Yongsan-si apartment C, 101 Dong 1202, and 1202, the Defendant borrowed money from the Defendant’s house to the Defendant-friendly victim D to sell the money; (b) the Defendant intended to sell the commercial building; and (c) the commercial building is entitled to pay money as sold by the commercial building.

When lending KRW 20 million, 300,000 shall be paid monthly interest and the principal shall be paid within three months.

In making a false statement, the registration certificate of the right to the commercial building No. 6 of the first floor underground of the building in Jung-gu Seoul, Jung-gu, Seoul, which is owned by the defendant, was issued as a collateral for the above loan.

However, at the time of fact, at the time of the Defendant’s failure to pay interest on the above loans to the new bank, the amount of KRW 2 billion, KRW 550 million, KRW 50 million, KRW 50 million, KRW 50 million, KRW 50 million, KRW 40 million, and KRW 100 million, and KRW 100,000, KRW 1000,000, KRW 100,000 were due to the fact that the Defendant was in arrears due to the lack of interest on the above loans to the new bank, and the real estate owned by the Defendant was established with the security right related to the above loans and the construction cost, and KRW 50,000,000, KRW 5500,000,000 to be refunded by the Defendant to the above E commercial tenant, and eventually, the E commercial right to be issued to the victim did not have any intent or ability to pay the above loans within three months, even if there was no damage.

Nevertheless, the defendant deceivings the victim as such and obtained the delivery of KRW 20 million from the victim as the borrowed money on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A copy of a loan certificate, a copy of a registration certificate, and each of them;

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