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(영문) 광주지방법원 2017.05.19 2017고단837
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On April 5, 2012, the Defendant was released on June 28, 2013 and the parole period expired on August 7, 2013 while he was sentenced to two years of imprisonment due to fraud, etc. at the Seoul Central District Court.

The Defendant, as the owner of Seosan-si Co., Ltd. 101 Dong 205, the partner fee for the freezing fishery products distribution business, provided the above apartment as a security for petroleum purchase to the D operator E, and decided to borrow KRW 150 million out of the price for selling the above apartment after receiving petroleum from the petroleum selling company as security.

On October 7, 2015, the Defendant prepared a “mortgage establishment agreement and a written confirmation of the contents of lease” that the Defendant provided the above apartment owned by the Defendant as security and that there was no fact that the lease contract was concluded on the said apartment, with the purport that the Defendant provided the said apartment as security to F, a staff member of the Korea Petroleum Co., Ltd., Ltd., Ltd., a company suffering from the damage of the said apartment at the insular coffee shop near Seosan-dong, Seosan-si, Sinsan-si.

However, on July 28, 2015, the Defendant was obligated to return the lease deposit amount of KRW 240,000,000 upon entering into a lease agreement with G and the said apartment complex with the term of two years, and the lease contract with the term of two years.

Nevertheless, the Defendant, by deceiving the damaged company, is deemed to have sufficient value as security.

The trust had the damaged company provide the amount of petroleum equivalent to KRW 198,961,556 to E from October 7, 2015 to July 21, 2016, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made to the defendant by the prosecution concerning the suspect interrogation protocol;

1. Statement in the police interrogation protocol concerning E;

1. Entry of each police statement made to F and H in the police record;

1. A contract for the establishment of a right to collateral security, a written confirmation of the terms of lease, a written consent to the provision of collateral, a statement of deposit and withdrawal, a contract for lease of real estate, and the Director of

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