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(영문) 수원지방법원 2017.06.15 2016고단6817
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On February 15, 2003, the Defendant entered into a contract to sell the victim C with the purchase price of KRW 50 million for the F-factory land owned by the Defendant’s wife E, KRW 60 square meters, KRW 1,398 square meters, and KRW 470 square meters in G 470 square meters (hereinafter “instant real estate”). From the same date to April 3, 2003 from the same date, the Defendant did not cancel the collateral security right of KRW 175 million in total for the contract deposit and the secondary intermediate payment. However, on April 16, 2003, the Defendant did not cancel the collateral security right of KRW 30 million in Japan with the maximum claim amount and KRW 48 million in total, which was set up as joint collateral against D and F among the instant real estate.

On May 28, 2003, the Defendant is entitled to a loan of KRW 500 million to the Small and Medium Business Corporation by combining the amount of KRW 200 million with a loan of KRW 200 million to the victim at the I General Law Firm Office located in Suwon-si H around Suwon-si around May 28, 2003.

If a loan of KRW 500 million is granted, it will be used to repay 200 million won with the money and cancel the right to collateral security established on the real estate of this case.

“.....”

However, even if the Defendant borrowed money from the injured party, there was no idea to use the money or to cancel the right to collateral security established on the real estate of this case. However, the Defendant was planned to use it as the expense for the escape living in China, and there was no other intention or ability to repay the borrowed money to the injured party.

As such, the Defendant, by deceiving the victim, was given KRW 200 million from the victim’s occupation.

Summary of Evidence

1. The legal statement of the witness C;

1. A complaint filed by C against the defendant in each police interrogation protocol against the defendant in each police interrogation protocol against the defendant in each police interrogation protocol, a real estate transaction agreement, a process certificate (No. 1549 of 2003), a report on the investigation of materials and results, and an inquiry into the details of entry and departure (the list of evidence).

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