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(영문) 대전지방법원 서산지원 2019.01.10 2018고단149
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.

(e).

Reasons

Punishment of the crime

Around January 22, 2009 and February 9, 2009, the defendant and the victim C agreed that the defendant shall pay 30% of the amount of compensation to the victim when the defendant won the above lawsuit, and if the defendant loses it, he shall pay 30% of the amount of compensation to the victim.

In addition, around February 9, 2009, the Defendant created the right to collateral security with a maximum debt amount of KRW 150 million on the land outside Seongbuk-gu Seoul, Seoul, and two parcels owned by the Defendant, and around December 23, 2009, the right to collateral security with a maximum debt amount of KRW 100 million on D and seven parcels owned by the Defendant, respectively.

On July 201, 201, the Defendant made a false statement to the victim at the above E hotel, stating that “The right to collateral security, which was set up on the D and 7 lots of land in the present progress, is problematic, but is cancelled. Even if the right to collateral security is cancelled, it is not disposed of or security is not set up to others, and it is again set up the right to collateral security, as the lawsuit for the claim for the compensation is terminated.”

However, the above right to collateral security does not have any relation with the lawsuit claiming compensation, and the defendant did not have any intention or ability to set up the right to collateral security again to the victim as the lawsuit claiming compensation is completed, on the ground that the victim would have cancelled the right to collateral security on the land.

On July 26, 2011, the Defendant, by deceiving the victim, had the victim cancel the right to collateral security equivalent to KRW 100,000 of the maximum debt amount set on the said land, thereby acquiring pecuniary benefits equivalent to the value of the collateral.

Summary of Evidence

1. Part of the defendant;

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