beta
Text
Defendant
A Imprisonment with prison labor for a year and two months, and for a defendant B, for eight months, respectively.
However, from the date this judgment became final and conclusive, Defendant.
Reasons
Punishment of the crime
Defendant
On August 7, 2013, A was sentenced to two years of suspended sentence of imprisonment for fraud in the Incheon District Court for the last six months, and the trial of final appeal (2014Do6700) is still pending.
1. On March 2011, the Defendant: (a) borrowed a total of KRW 186 million from the victim I, J, etc. on or around March 2011, under the name of a business fund while running a stock company that was established as a business of real estate development business, etc.; and (b) set up a second priority collective security right (the first priority order is the fisheries cooperatives, the maximum debt amount of KRW 448,50 million) with the maximum debt amount of KRW 230,000,000 owned by the said company as security around March 29, 2011; (c) but, on or around December 2, 2011, the Defendant failed to pay the interest on the above loan and required additional business funds, etc.; (d) on or around December 2, 2011, at the same time, applied for the establishment of a first priority collective security right (the maximum debt amount of KRW 5330,000,00,000).
On December 8, 2011, the Defendant stated, “Nreal estate” located in Seo-gu Incheon, Seo-gu, Incheon, that “The Defendant additionally loaned KRW 60 million to the victim for the cancellation of the collateral security and paid KRW 20 million to the victim, and that “The Defendant will re-establish the second-class collateral security.”
However, at the time of fact, the defendant received a cancellation of the right to collateral security from the victim, only he did not have the intent or ability to re-establish the second right to collateral security with the victim, because he was able to obtain a large amount of new loan or offer another person as security.
Accordingly, the Defendant, as seen above, had the victim deceiving the victim and caused the victim to cancel the second-class right of the victim on December 9, 201, thereby acquiring pecuniary benefits equivalent to the value of the security.
2. Defendant B
(a) Forgery of private documents and uttering of falsified investigative documents;