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(영문) 서울남부지방법원 2017.01.25 2016고단1699 (1)
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 2013, the Defendant and D want to purchase land I, J, K, and L (hereinafter referred to as “M land”) in the F Farming Partnership Office located in the Nam-gu Incheon Metropolitan City, Incheon, for the victim G H, “A is operating a F Farming Partnership. A is operating a F Farming Partnership in the name of G in the F Farming Partnership, and I, J, K, and L (hereinafter referred to as “M”).

Therefore, in relation to the business of raising pigs run by FF farming associations, it is intended to provide security to feed factories and to supply swine feed. However, the F farming associations will pay gold and balance of M M land during trading of M M land with earnings obtained by establishing collateral security on G M-owned land to be purchased by F farming associations, and with earnings obtained by engaging in the business of raising pigs.

The right to collateral security is provided as security for about three months at the feed factory formally, and it does not know about the loan of M land as security.

In addition, in order to establish the right to collateral security first with respect to M land, the maximum amount of KRW 380,000,000 will be set up against the land of the wife population N,O, P, and Q (hereinafter “R land”) at the time of Gyeonggi-do Gyeonggi-do.

‘Falsely speaking to the effect that it is called’.

However, as FF farming association did not carry out a swine breeding business, it was impossible to pay gold and balance to the land during the process of a swine breeding business, and the Defendant was planning to borrow money from S as collateral and use it as personal business funds, and D was well aware that the Defendant intended to set up a collateral security right on the land in order to borrow money from another person. At the time, RR land was not owned by the Defendant and D, so it was not possible for the victim to set up a collateral security right on the land.

Nevertheless, the Defendant and D make a false statement as above, thereby inducing the victim from H, thereby deceiving the victim.

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