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(영문) 창원지방법원 마산지원 2012.11.06 2012고정768
사기
Text

1. The defendant shall be punished by a fine of 3,500,000 won;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

Around August 21, 2006, the Defendant: (a) at the coffee shop located in Changwon-si, Changwon-si, Changwon-si; (b) “No. 302 of Changwon-si, Changwon-si; and (c) No. 502 of Changwon-si, Seoul-si, the Republic of Korea was provisionally registered to E; (b) but the provisional registration is cancelled; (c) thus, the Defendant created a right to collateral security of KRW 40 million and made a lease agreement with each of the above two buildings; (d) the Defendant loaned the interest of KRW 30 million on the fourth day of the month to pay the interest by October 21, 2006; and (d) the provisional registration is formally and formally made it possible to pay the entire director. When the provisional registration is executed as the principal registration, the Defendant also prepared two weeks of “The criminal punishment shall also be imposed.”

However, prior to the creation of the right to collateral security, the Defendant borrowed money of KRW 30 million from the date of the establishment of the right to collateral security to the victim, and KRW 50 million from the time of the establishment of the right to collateral security to the victim. The Defendant borrowed money of KRW 30 million from two influent bond holders, respectively, from KRW 302,500,000,000 to KRW 500,000,000,000,000,000 to KRW 302,000,000,000,000,000 was KRW 302,000,000,000,000,000,0000,000

In addition, since the defendant was unable to pay the borrowed money to two bond holders, DB L 302 and DB L 502 around September 26, 2006 and DB L 502 around September 11, 2006, the victim's right to collateral security was revoked ex officio on the ground that the principal registration was made on the provisional registration on September 11, 2006.

As such, even if the Defendant borrowed money from the victim, he was unaware of the victim who did not have any ability or intent to complete the payment, and received 30 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Complaints and written statements by the police against C;

1. Investigative report (Submission of documentary evidence by a complainant);

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