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(영문) 부산지방법원 동부지원 2019.07.03 2018고단2302
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On November 1, 2017, the Defendant was sentenced to imprisonment with prison labor for six months in the Dong branch of the Busan District Court for fraud, and the judgment became final and conclusive on November 9, 2017.

[Judgment of the court below] Since February 2016, the defendant served as the representative director of the corporation C (hereinafter “C”) in Busan Shipping Daegu, and is engaged in the sales agency business.

The Defendant, while operating C, failed to properly implement the project and no other way to raise funds. At the time, the Defendant, who was aware of the fact that he had obtained a fixed date prior to the lessee, was aware of the fact that he had obtained a fixed date, provided the instant real estate as security and did not conceal the fact that he had obtained a fixed date, with the deposit amount of KRW 15 million in the Busan Suwon-gu E building F (hereinafter “instant real estate”).

Accordingly, the Defendant had a person to borrow money through G with his own employee, and G was aware of the victim I who would borrow money through his own person H, and then introduced the victim to the Defendant. The Defendant provided the instant real estate as collateral to the victim and borrowed money.

【Criminal Facts】

On June 7, 2016, the Defendant loaned KRW 100 million to the victim of the “LAD office” in the “LAD office” located in K of the Busan District J building, the Defendant made a false statement to the effect that “The Plaintiff shall pay KRW 130 million,000,000,000,000,000,000,000,000 won per month and KRW 5,500,000,000,000,000,000,000,000,000,000,000,000,000 won as collateral.”

However, in fact, real estate provided as security to the victim was the first lessee, and at the time, there was no collateral value.

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