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(영문) 서울중앙지방법원 2015.02.06 2014고단8287
사기
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. The sole criminal conduct of Defendant A;

A. A. On September 14, 2009, the defrauded of the Victim E by means of false words to the effect that “I would like to set up a collateral mortgage on the building owned by the Defendant in the name of the Defendant in the Seoul Dongjak-gu Seoul, Seoul, the Defendant would repay the borrowed money to the Defendant,” and then, the Defendant was transferred from the victim to the national bank account in the name of the Defendant at around 15:54 on the same day.

However, since the restaurant operated by the defendant is not in good operational condition, the financial situation of the defendant has deteriorated, as well as the provisional registration of the right to claim ownership transfer registration was made in the name of the defendant's husband for the building owned by the defendant, and there was no other property owned by the defendant, so there was no intention or ability to repay the money even after borrowing it from the victim.

After all, the defendant was given property by deceiving the victim.

B. Around August 3, 2010, the defrauded of the Victim H made a false statement to the effect that “The Defendant would create a collateral mortgage on the building owned by the Defendant in the name of the Dongjak-gu Seoul Metropolitan Government, Seoul, to pay off to the victim up to February 3, 2011,” and was granted KRW 20 million from the victim as a loan.

However, the defendant above A.

Because the financial standing, such as the statement, has aggravated, there was no intention or ability to repay the money by borrowing it from the victim.

After all, the defendant was given property by deceiving the victim.

C. On September 26, 2011, the Defendant against the victim J was at the K Certified Judicial Scriveners Office located in the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City F, the “Seizure of the indictment on collateral security” against the victim at the Seoul Special Metropolitan City Office of Certified Judicial Scriveners.

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