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(영문) 창원지방법원 2016.12.28 2016고단3065
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The defendant was the owner of the 7th floor Durel (on the port Eurel) above the ground in Busan-gu C.

On April 30, 2004, the Defendant made a false statement to the victim H of the G hotel coffee shop located in the Busan High-gu, Busan High-gu, stating that “When leasing the DNA set up at KRW 300 million on the lease deposit and KRW 8 million on a monthly basis, the Defendant would sell the land owned by the Defendant and set off the I’s mortgage set up on the above Moel within six months, and the right to collateral security under the name of the Bank, other than the right to collateral security, established on the above Moel, should be held liable for the loan interest, and should not be paid to the lender.”

However, at the time, the said telecom was established with the right to collateral security of 2.34 billion won against our banks and the maximum debt amount of 30 million won against her banks. At the time, the said defendant had no property specially owned by the above telecom, and even if 300 million won was paid from the victim, he/she would have purchased the land and invest in the revolving project. Accordingly, he/she had no intention or ability to pay interest on the loans of our banks normally and cancel the registration of the establishment of the right to collateral security under the above I name within six months.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) concluded a lease agreement with the victim, and immediately received KRW 30 million from the victim as the down payment during the lease deposit of KRW 300 million; (c) around May 6, 2004, the Defendant received the remainder of KRW 270 million from the victim in cash and acquired 300 million in total from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Each protocol concerning the examination of the accused by the prosecution (including H part of the statement);

1. Lease contract;

1. Investigation report (a copy of the register of apartment houses owned by the suspect before his/her former wifeJ), investigation report (a statement of transactions following the provision of financial transaction information shall be attached);

1. A certified copy of each register;

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