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(영문) 서울중앙지방법원 2017.11.16 2017고단1155
사기
Text

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

Reasons

Punishment of the crime

1. C A: (a) around October 23, 2013, the Defendant would create a right to collateral security for C real estate with a value of KRW 1.5 billion on a security-based basis that “if an investment of KRW 100 million is made, 1.5% per month shall be paid to the victim D; (b) the principal shall be guaranteed; and (c) the principal shall be KRW 500,000 per credit.

Real estate shall be safe in the name of the real estate in Korea.

Recognizing that “the right to collateral security was created with respect to forests and fields in Gyeonggi-gu E and F.

However, on November 5, 2012, when the Defendant acquired the ownership of the above real estate through a voluntary auction, the appraised value of the above real estate was limited to KRW 179,043,100, and the Defendant had already been granted a loan of KRW 125,00,000 from the High-si Forestry Cooperatives prior to the creation of the right to collateral security for the above real estate with the maximum amount of KRW 162,50,000,000 from the High-si Forestry Cooperatives. Therefore, there was no collateral value as to the investment amount of KRW 100,00,000. At that time, the above real estate is an agricultural and forest area or preservation and management area as well as a special measures area for the preservation of water quality.

Nevertheless, the defendant deceivings the victim as above and was delivered KRW 100 million around October 23, 2013 from the victim.

2. On January 12, 2012, the Defendant involved in G real estate fraud

4. On May 22, 2013, after receiving KRW 100 million from the injured party, the right of pledge was established on May 22, 2013, the date of payment of interest, 120,000 won, and the 122th day of each month, on which the creditor, the debtor, the debtor, the amount of the claim 120,000,000 won, the due date for repayment was set.

After that, on May 2014, the defendant cancelled the pledge created on the G real estate by the victim, and at the same time, Yeonsu-gu Incheon for the guarantee of investment funds.

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