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(영문) 수원지방법원 안양지원 2019.01.10 2017고단1657
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 31, 2016, the Defendant was sentenced to imprisonment with prison labor and six months at Seoul High Court on March 31, 2016, and the said judgment became final and conclusive on June 10, 2016.

Criminal facts

The Defendant and B, despite the fact that the Defendant had to set up a mortgage of KRW 100 million with the maximum debt amount to C for the purpose of securing the Defendant’s criminal agreement, the Defendant was the person in charge of the D loan reconstruction site, and C, as a collateral for the construction project at the above construction site, decided to be set up a mortgage by making a false statement as if it is necessary for the mortgage of KRW 100 million with the aim of securing the Defendant’s criminal agreement.

Around March 16, 2016, the Defendant conspired with B, and made the victim G through B, “F” coffee, which is located in the E branch, to create a collateral security at the expense of KRW 100 million with the mortgagee C, the debtor, and the maximum debt amount. It is a contractual security concept to set up a collateral security in C, a corporation with a right to collateral security, which is a right to collateral security, will take 100% of the creative construction work at the reconstruction site of D Borrowing, which is under the supervision of A, and at the same time upon completion of the removal work, the Defendant would cancel the collateral security at that time.”

However, at that time, D Borrowing reconstruction Corporation was unable to carry out the removal construction due to the failure to prepare early funds, and the above collateral security right was not carried out by the Defendant to set up a collateral against C in order to compensate for damages to other criminal trials, so even if the maximum debt amount is set up, there was no intention or ability to allow the victim to take charge of the creative construction at D Borrowing Construction Site, even if the right to collateral security is set up on the real estate owned by the victim as the maximum debt amount of KRW 100 million.

The defendant deceivings the victim through B as above, and caused the victim to do so on March 16, 2016.

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