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(영문) 수원지방법원 안산지원 2016.12.14 2016고단2760
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 20, 2014, the Defendant, at the F Office located in E and Dong 831, the Defendant, “Acheon-si, H, purchase 13 parcels of land for KRW 350,000,000,000,000,000 from the victim G. The Defendant, who sold steel products, concluded that “The establishment of a right to collateral security is demanded to pay KRW 100,000,000 on the first day of each month.”

However, at the time, the Defendant had no intent or ability to purchase the said land according to an agreement, due to economic difficult circumstances, such as the increase of the outstanding amount due to the absence of timely payment of the price for the goods from the Handong industry, etc., which was the delivery place. In the process of receiving the steel products from the said I Co., Ltd. and the Defendant’s receipt of the electronic bill from the NA Co., Ltd., the Defendant intended to obtain only the collateral from the victim by urgently requiring to obtain trust from the said I Co., Ltd. and the NA Co., Ltd.

Nevertheless, the Defendant, as seen above, got the victim’s share against the said land from the victim, i.e., the mortgagee I Co., Ltd., the maximum debt amount of 600 million won, the debtor F Co., Ltd., the first right to collateral security, the joint mortgagee Co., Ltd., the creditor Co., Ltd., the maximum debt amount of 50 million won, and the second right to collateral security, the debtor Co.,

As a result, the Defendant, by deceiving the victim, had I Co., Ltd. and I Co., Ltd. and I Co., Ltd. acquire property benefits equivalent to the maximum debt amount of KRW 1.1 billion against the above land equivalent to the market value of KRW 350 million.

Summary of Evidence

1. Legal statement of witness G;

1. Some of the police officers against the defendant and the suspect interrogation protocol of the prosecution;

1. Each police statement to J and K;

1. A complaint;

1. A written agreement concluded on March 20, 2014, and a full certificate of registered matters;

1. The credit sales place, the list of total sales places by customer, the electronic tax invoices, and the accused;

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