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(영문) 서울동부지방법원 2015.12.10 2014고단1452
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On May 29, 2014, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Seoul Eastern District Court, and was released on July 21, 2014 by revocation of detention, and the judgment became final and conclusive on February 7, 2015, and completed the enforcement of the sentence on the same day.

【Criminal Facts】

The Defendant is the actual operator of D Co., Ltd. in Songpa-gu Seoul, Songpa-gu, Seoul, and E is the defendant's Dong living together with D's former duties.

1. On June 201, at a place where it is difficult to know the place where a police officer was located at the beginning of the 2011, the Defendant made a false statement to the victim F through G with a certified judicial scrivener G that the Defendant would have sold the fishery products to the victim F, who was sold the money for KRW 120,000,000,000 to the money that he received from the victim F as security, if the Defendant sold the fishery products to D, and would have the said money transferred to the victim F at an early date.

However, the Defendant, without any own capital, started business with the borrowed money from the bond company, etc., and, as the business is not well-grounded, the Defendant was able to buy real estate from the victim even if it was provided with security from the victim.

Around June 8, 2011, the Defendant, by deceiving the victim, obtained the said real estate from the victim as a collateral object, and acquired financial benefits equivalent to the same amount by setting up a collateral security right of KRW 350 million with the maximum debt amount of KRW 350 million with the victim D as a collateral object.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

2. Around September 14, 2011, the Defendant and E against the victim J purchased the fishery products by obtaining a payment guarantee for Melon L in the same ducheon-si L as the victim’s possession from Seongbuk-gu Seoul, Seongbuk-gu, and made a false statement to the victim J that they would sell it and pay for the purchase price for the telecom.

However, the defendant's facts are from the victim for the same reasons as the above 1.

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