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(영문) 서울중앙지방법원 2018.09.05 2018고단3932
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who has operated D Co., Ltd.

1. On August 2016, the Defendant, at the office of the Defendant of the third floor of the Gangnam-gu Seoul E building in Gangnam-gu, intended to sell the victim F to I “the land of this case in total, 2868 square meters (hereinafter collectively referred to as “the land of this case”). Since I’s requirements are the condition to cancel the right to collateral security established on the land of this case, if I lent KRW 120 million, he would cancel the collateral security and offer the principal KRW 120 million and interest KRW 20 million as soon as I received any balance from the Defendant.

The phrase “the phrase was false.”

However, in fact, the Defendant had already sold the instant land to J on October 5, 2015, and had the right to collateral security established on the instant land within 2-3 days from the date of the remainder payment, and had the ownership transfer registered at the end of October 16, 2015, and had the remainder of 200 million won. As such, the Defendant had no right to dispose of the instant land and had no right to use the land in repayment of his/her personal obligation even if he/she borrowed KRW 120 million from the damaged party, and had no intent to use the land for the purpose of cancelling the right to collateral security.

Nevertheless, on September 2, 2016, the Defendant, as such, received from the injured party a false statement, from a new bank account under the name of the Defendant, and acquired the money by deceiving KRW 120 million.

2. On September 26, 2016, the Defendant: (a) around September 26, 2016, the Defendant, within the Defendant’s office, ordered the Victim F to supply the Victim F with health food “K” at this time; (b) there is insufficient production funds.

The loan of KRW 60,000,000 for the production fund to be invested in K will be paid in total, including the principal and interest KRW 20,000,000,000,000 after 50,000.

“A false representation was made.”

However, even if the defendant borrowed money from the investment fund of the production fund, it is thought that it will be used to pay the existing individual debt in the form of preventing the return.

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