logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.11.20 2013고단6450
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On August 24, 2012, the Defendant was sentenced to four years of imprisonment for fraud, etc. at the Busan District Court. The same year

9.1. The above judgment became final and conclusive.

【Criminal Facts】

On March 23, 1998, the defendant provided the victim C with D apartment 602 in Busan Young-gu as payment in kind for the victim's KRW 80 million, and thereafter, the victim provided the above apartment as a collateral and borrowed KRW 83 million in the school life by October 30, 2008. The defendant set up a collateral security on October 2, 2002 for D apartment with "the maximum claim amount of KRW 17 million, the debtor, the debtor, and the person who provided the right to collateral security (the right to collateral security)" as "the maximum claim amount of KRW 17 million, the debtor, and the person who provided the right to collateral security (the right to collateral security) at a rate of 83% per annum, but the defendant did not pay interest for D apartment life at a rate of 83% per annum, and the victim was urged to pay the principal for D apartment life.

On February 2, 2009, the Defendant stated to the effect that “Around February 2009, the Defendant would provide the victim with the above D apartment as collateral and loan the money to the F, a bond company, to resolve all of the loans extended to 20 million won and additional loans extended to 30 million won.”

However, in fact, the Defendant did not have any property with bad credit, and was in a considerable amount of KRW 30 million with debt, and since around 2007, the above E was difficult to operate. Therefore, even if borrowing KRW 20 million, there was no intention or ability to repay it.

Nevertheless, on February 20, 2009, the Defendant provided the above D Apartment as security to F and acquired 20 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Statement to C by the police;

1. A complaint;

1. A certified copy of the register;

1. Previouss before ruling: Criminal records, etc. inquiry reports, previous records of dispositions, and results confirmation reports, and the application of Acts and subordinate statutes 1.

arrow