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(영문) 부산지방법원 2017.06.28 2017고단1900
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On October 26, 2010, the Defendant introduced the victim D’s residence in Ulsan-gu, Ulsan-gu, Seoul-gu, as “E” on October 26, 2010, the Defendant made a false statement to the effect that “If the Defendant lends KRW 20 million to a third party, the Defendant created a collateral security on G land and would give interest on the second part of each month, and would complete payment by December 31, 201.”

However, in fact, while the market price was approximately KRW 56 million, the amount of the above land was already set at the lower claim amounting to KRW 39 million and superficies, there was a lack of collateral value compared to KRW 20 million. The Defendant had to pay KRW 20 million per month interest, and the Defendant had to pay KRW 300 million interest, and the Defendant had no intention or ability to pay the interest or principal even if he/she borrowed money from the damaged person because he/she had borrowed money from another person because he/she had a circumstance of “refiscing the repayment of the interest on bonds borrowed from another person.”

On October 27, 2010, the Defendant received from the injured party a remittance of KRW 20 million to the account in the name of F, his/her father or mother, for the purpose of borrowing money.

Accordingly, the defendant was given property by deceiving the victim.

2. On December 2010, the Defendant: (a) called the victim at the place of Felman on December 2, 2010, the Defendant: (b) called the victim at the place of Felman on December 2, 2010; (c) set up a right to collateral security in Busan Dong-gu I and 501, which was under the name of Felman H; and (d) paid interest on the second part of the month.

It was false to say that the tenant is a vacant house with no tenant.

However, in fact, while the market price of the above lending was approximately KRW 83 million, the maximum amount of the bonds was already set at the right to lease on a deposit basis with the amount of KRW 78 million. Thus, there was no real value of security. The defendant is referred to as the payment of interest on bonds borrowed money from other persons, such as the statement in paragraph 1.

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