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(영문) 부산지방법원 2014.12.11 2014고정1890
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 23, 2011, the Defendant leased the premises of the Victim C and the Hospital “E” located in the Seo-gu, Busan, and decided to conduct a club business, and was invested KRW 100 million out of the 200 million lease deposit for the restaurant by the victim.

From December 19, 2011, the Defendant began to operate a restaurant with the trade name “F”, but on the early 2012, the above restaurant was not operated properly. On March 13, 2012, the Defendant prepared a notarial deed of a debt repayment contract to return the sum of KRW 140 million, including KRW 100,000,000 and KRW 40,000,000,000, in terms of the name of money for investment and money for collection and benefit, to the victim by September 13, 2012.

In addition, on April 30, 2012, the Defendant created the right to collateral security with regard to the land and building owned by the Defendant in Busan Nam-gu G, Busan as a collateral for the above KRW 140 million worth of KRW 140 million with regard to the debtor, the mortgagee, the maximum debt amount, KRW 140 million with respect to the land and building owned by him.

On September 2012, the Defendant stated that “I” coffee shop located in Busan, J. Busan, stating that “I sells a house on the face of termination of a collateral, and he will complete the payment without any mold even out of part of the debt amounting to KRW 140,000,000,000,000 in the purchase price.”

However, in fact, even if the Defendant received the termination of the right to collateral security on the above land and buildings from the victim and disposed of them, and received the purchase price of KRW 1550 million, the Defendant used all the personal debt amounting to KRW 200 million of the Defendant’s existing personal debt amounting to KRW 200,000,000, there was

Nevertheless, on October 4, 2012, the Defendant, by deceiving the victim as above, obtained documents necessary for the termination of the right to collateral security from the victim, and terminated the registration of the right to collateral security and acquired pecuniary benefits equivalent to KRW 140 million of the maximum amount of the right to collateral security.

Summary of Evidence

1. The witness C’s legal statement 1.

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