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(영문) 대구지방법원 김천지원 2015.05.20 2014고단1471
사기등
Text

A defendant shall be punished by imprisonment for four years.

All applications filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[2014 Highest 1471] The Defendant is a person who operates a business partnership fund and a business partnership fund with a real estate business in the Philippines.

1. Fraud against victim H;

A. On November 1, 2013, at around 14:00, the Defendant made a false statement to the effect that “The Defendant shall borrow interest and principal from the J to borrow money. It is difficult to repay the money immediately. The real estate shall be provided as a collateral. If he/she fails to repay the money borrowed from the K, he/she shall be exempted from transferring the ownership of the real estate. If he/she is unable to repay the money, he/she shall be exempted from transferring the ownership of the real estate. He/she shall make a false statement to the effect that he/she will make the original copy of the land ledger of one parcel of real estate (K) and four parcels of land (L, M, N, andO) owned by the Bank of Bankruptcy and the land ledger of five parcels of real estate to the victim.”

However, at the time of fact, the Defendant did not have any intent or ability to repay the loan from the victim, even if he borrowed money from the victim, because the Defendant had a total of at least KRW 500,000 won of the principal and interest. A copy produced by the Defendant to the victim similar to the original, the victim is prohibited from transferring the ownership, and four real estate lots owned by the “F” had already been given by the Defendant to the Switzerland P, the original copy of the land ledger and offered it as a security.

The Defendant, as such, was informed of the victim’s deception and was parked in a parking lot located in the area of the Philippines I at around 14:00 on the 8th day of the same month from the victim, and received in cash the money of 3,000,000 pets (Korean Won KRW 73,500,000 and KRW 24.5 won at an exchange rate) from a motor vehicle owned by the Defendant.

B. On November 15, 2013, around 14:00 on November 15, 2013, the Defendant made a false statement to the effect that the victim is identical to the above paragraph (a) with the victim at the same place as the above paragraph (a) and received a delivery in cash of 5,00,000 pets (Korean 122,50,000 won, and 24.5 won at exchange rate) under the said pretext.

In this regard, the defendant deceivings the victim and extends up to twice.

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