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(영문) 수원지방법원 2017.08.11 2017고합68
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant is operating a company of the trade name "B", and the defendant is a person who actually operated the company "F", a similar company, on the ground that he/she is a representative director in the name of "B".

The Defendant, through G on February 2015, through G around February 2015, “The Defendant is the actual operator of F in the Republic of Korea, who is the debt holder of F in the Republic of Korea, and “I Meritoriouss Association (hereinafter referred to as “I Meritoriouss Association”)”.

(2) A person who intends to obtain a loan of KRW 500 million from “.”

In order to transfer money of KRW 250,000,000,000, which is half of the loans on the high seas as security to Busan, Seo-gu, Busan, J 536.4 square meters and one above above ground KK building (hereinafter “the real property of this case”) owned by a person who is an individual.

“The purpose of “ was to make a false statement.”

On February 24, 2015, the Defendant: (a) came to know the victim who confirmed the terms and conditions of the loan again at a mutual law office located in Seocho-gu Seoul, Seocho-gu, Seoul; and (b) prepared a joint agreement on the establishment of a mortgage with the maximum amount of KRW 600,000,000 on the instant real estate provided by the victim; and (c) completed the registration of the establishment of a mortgage on the 26th of the

However, as above, even if the Defendant borrowed KRW 500,000,000 from the U.S. Congress, the Defendant did not have any intention or ability to remit KRW 250,000,000 to the victim, which was used in full for insufficient labor expenses or other business funds from the beginning.

Accordingly, the Defendant, for the benefit of the Defendant, by deceiving the victim as above and completing registration of the establishment of a joint collateral security from the injured party, acquired pecuniary benefits of KRW 600,000,000.

Summary of Evidence

1. Each legal statement of a witness, H, E, M, and G;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A protocol concerning the examination of suspect of some of the police against the accused (including the cross-examination);

1. Full certificate of registered matters, agreement on the establishment of a right to collateral security, written statement of performance, proof of content, written reply for proof of content, and statement of distribution law applied 1.

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