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(영문) 서울중앙지방법원 2017.02.15 2016고단2550
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[J] On June 27, 2013, the Defendant was sentenced to two years and six months of imprisonment for fraud, etc. at the Busan District Court and a fine of two million won on October 17, 2013, and the judgment became final and conclusive on October 17, 2013. On September 21, 2016, the Defendant was sentenced to two years of suspension of execution to six months of imprisonment for fraud at the Changwon District Court and is still pending in the appellate trial.

[2] On March 1, 2009, the Defendant borrowed 200 million won as business funds to the victim F in the real estate office located in Gangseo-gu Busan, Busan, the Defendant transferred the name of the first priority collateral security right established on the said parcel as security while the profitability is high, and paid 400 million won by adding 200 million won to the principal, and even if the contract is not awarded, the Defendant shall pay the principal within 2-3 months.

“The phrase “ was false.”

However, the Defendant, at the time of operating the H company, engaged in the sales agency business of the apartment unsold in lots while running the company, but has failed to pay particular results or profits due to a failure in the process of carrying out the business. At that time, due to the sudden aggravation of the financial status due to the depression of the subgrative situation of the subgrative Spane Sknb, etc., the Defendant did not have any cash or asset management expenses of the company. In addition, the Defendant did not appear to have provided the above-mentioned first to a third party as security related to monetary transactions with a third party who is not a damage party to the above-mentioned first priority collateral, while the auction was conducted from around 201, but the above parcel did not solve the problem of handling the kindergarten's right to permission in the lot, so even if he received money from the injured party, the auction procedure was paid to him as personnel expenses and operating expenses.

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