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(영문) 의정부지방법원 고양지원 2014.10.17 2014고단144
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 26, 2012, the Defendant was sentenced to imprisonment with prison labor for 10 months and 2 years of suspended execution for fraud in order to establish a district court for the District Court, and the said judgment became final and conclusive on October 4, 2012.

On January 11, 2012, the Defendant, at the office of “D Real Estate” located in Pakistan, purchased land at KRW 160 million in the purchase price as if the victim E and the victim purchased land at the auction at the court. However, the Defendant decided to acquire the collateral security obligation of KRW 150 million in the maximum debt amount with KRW 150 million in the loans granted by the Kimcheon Credit Union and KRW 150 million in the purchase price, and the collateral security obligation of KRW 150 million in the loans granted by the Kimcheon Credit Union as the collateral security right holder, for three months after the purchase of land at the auction at the court.

On January 12, 2012, the Defendant made a false statement to the effect that “I” victim at the “I” certified judicial scrivener office in Pakistan-si, Pakistan made it false to the J to set up a right to collateral security on the said land. The debtor will be in the name of G.”

However, in fact, the above land was owned by G and the Defendant entered into a direct sales contract. In order to use money in a personal pay place, the Defendant was established a right to collateral security on the land of the victim as if he/she purchased the land. The Defendant did not have any other property or income and there was no intention or ability to terminate the right to collateral security even if he/she was established a right to collateral security on the land in order to purchase the land from the victim because there was no personal debt and there was no intention or ability to actually purchase the above land or terminate the right to collateral security.

The Defendant, by deceiving the victim as above, obtained from the victim the right to collateral security, the right to collateral security against the said land owned by the victim, the amount of which is KRW 150 million from J, the debtor, the victim, and the maximum debt amount, and acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

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