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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
"2018 Highest 401"
1. Fraud;
A. From May 1993, the Defendant was engaged in the business of selling aggregate in the name of “E” in Nam-gu Incheon Metropolitan City, Nam-gu D from around May 1993, and on October 1995, the victim G’s house located in the Gangnam-gu Incheon Metropolitan City F apartment house 103-402 from around early October 1995 is likely to engage in the business of carrying out internal business, and there is a lack of operating funds temporarily.
On the face of the pollution of real estate as security, it is first to supply aggregate from the customer as security, to pay the price in a normal manner, so that there is no problem in real estate equivalent to the security, and to divide the profits from the business operation into 6:4 percent.
‘Falsely speaking to the effect that it is called’.
However, the Defendant had no property other than dump truck with a mortgage as the maximum amount of the claim amount, and there was no economic difficulty due to the depression of the aggregate sales business that had been operated, so it was not a situation in which the Defendant could normally pay the aggregate amount of KRW 81.5 million, which was supplied by H Co., Ltd., the customer H Co., Ltd.., and as well, the two copies of promissory notes (a total par value of KRW 81.5 million) issued by the Defendant for the payment of the above aggregate amount are expected to not to be paid on the due date as the dump bill issued by the dump legal entity without actual transactions and distributed in the market. Therefore, even if the damaged person provided the real estate as security, the Defendant did not have any intent or ability to pay the aggregate amount normally and divide it into the part of the victim’s profits from business operation.
The defendant deceivings the victim as above and caused the victim to do so on October 19, 1995, with respect to the answer of 830 square meters, which is owned by the victim in Namdong-gu Incheon Metropolitan City I, Nam-gu, Seoul, the defendant shall make a collateral security right with the maximum amount of 200 million won.