(영문) 수원지방법원 성남지원 2017.10.20 2016고단2651

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(영문) 수원지방법원 성남지원 2017.10.20 2016고단2651

사기

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A defendant shall be punished by imprisonment for three years.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

"2016 Highest 2651"

1. On April 3, 2014, the Defendant: (a) around April 3, 2014, at the G office operated by the Defendant in Hanam-si (F), borrowed KRW 70 million to H; and (b) collected the sales right under 508 of the Itel (hereinafter “the instant officetel”); and (c) instead, borrowed KRW 82,00,000,000 by adding interest to the loan amount of KRW 70,000,000,000,000,000,000 to the Party.

In addition, if it is loaned KRW 80,000,000 as a business necessity, it will be fully paid the total of KRW 162,00,000,000 before the completion of the officetel and the expiration of ten days.

If the borrowed amount is not repaid, it would be transferred in lieu of the sales right of 508 and 510 of the instant officetel.

However, the Defendant had, at the time, had already been liable for 1.1 billion won, and had no intent or ability to repay the amount from the damaged party, and the sales right to 5.10 of the instant officetel 510, which was provided as security to the victim, had already been sold to J around October 17, 2013 after receiving the down payment of KRW 50 million. Therefore, there was no intention to transfer the instant officetel 508 and 510 to the victim if the victim is unable to pay the amount.

Nevertheless, the Defendant, by deceiving the victim, obtained the right to sell an officetel of approximately KRW 82 million at the market price of the same day from the victim, and acquired the right to sell an officetel of approximately KRW 508 on the same day, and acquired the total of KRW 162 million through the Defendant’s name Nonghyup Bank account, such as receiving KRW 80 million from the Defendant.

2. On November 26, 2014, the Defendant of the crime committed around November 26, 2014, at the same place as (i) around November 26, 2014, leased KRW 150,000 to the said victim with business funds, “on the face of lending KRW 150,000,000 to the business funds, it shall be repaid without fail by ten (10) days before the completion of the instant officetel, and if it fails to pay the money, it shall replace the right to sell the instant officetel 315 and 8

유사 판례

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-의정부지방법원 2013.08.20 2012고단2348

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