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(영문) 서울북부지방법원 2014.12.12 2014고단600
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On May 2012, the Defendant made a false statement to the victim D, stating, “A security is required to be provided to a small-scale processing factory operated by the Defendant, Co., Ltd., a small-scale processing factory operated in the Republic of Korea, and a security is provided as a security to a small-term factory in the high-pollution area. In response, the Defendant would provide KRW 200,000 per month and would allow the use of KRW 1 million with a corporate card. The period of provision of security is three months, and at any time after three months, the security will be terminated.”

However, in fact, the defendant did not provide the victim's real estate that was provided as security by the victim to the high-term factory, but rather was a plan to provide F with money as security to borrow money.

In addition, it was difficult to pay KRW 220,000 per month as agreed upon by the victim, and it was difficult to pay KRW 2220,000 per month as agreed with the victim as well as to pay KRW 220,000,000 to the victim's real estate owned by the victim because it was difficult for the victim to pay KRW 22,20,000,000, which was borrowed from the above F to the above F in accordance with the agreement with the above F, it was difficult to establish collateral security and superficies in the above F's name on the real estate owned by the victim.

On June 18, 2012, the Defendant, by deceiving the victim as such, obtained the consent to provide a collateral for real estate owned by the victim, which is “698 square meters of the G area in Gyeyang-do” and owned by the victim, and completed the registration of creation of superficies with the maximum debt amount of KRW 320 million, the obligor E, the mortgagee of the right to collateral security, and the right to collateral security and the right to collateral security, which are the F, for the loan from the said F.

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