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(영문) 울산지방법원 2013.04.18 2013고단305
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 3, 2010, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Ulsan District Court on September 3, 201 and completed the enforcement of the above sentence on April 2, 2011, and is engaged in scrap metal business with the trade name (ju) D.

The Defendant intended to supply scrap metal to the relocating E, received 90 million won from the deposit, but failed to secure the scrap metal, and was urged to return the deposit from E from the end of May 2012. The Defendant received the deposit from F who intends to engage in the scrap metal business to return the deposit to E.

Around May 2012, the Defendant stated to F that “I will provide money to I, on the face of the head of the city, and between him and her, but the money to this extent should be given to I in advance.” The F had no money to provide a security, and the F requested F to provide the victim G with a substitute for the security.

Therefore, with respect to the co-ownership share of 4226.1m2 in Seo-gu Busan Metropolitan City, the victim created a right to collateral security in the name of the defendant. However, if the supply of scrap metal does not take place, the victim would receive documents necessary for the termination of the above right to collateral security.

However, the defendant did not have any condition to secure scrap metal at the time, and there was no intention or ability to supply scrap metal to be supplied by F as security is already demanded to return the deposit amount of KRW 90,000 from E.

On May 29, 2012, the Defendant, along with F, prepared a written contract to establish a right to collateral at the office of the Busan-gu Office, Busan-do, and accordingly, was established with a maximum debt amount of KRW 100 million with respect to the share in the land and KRW 100 million with the obligor F, and thereafter

6.8. He transferred the right to collateral security to E as security for the return of the above deposit.

Accordingly, the Defendant, by deceiving the victim, set up the right to collateral security of KRW 100 million with the maximum debt amount as above.

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