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(영문) 서울중앙지방법원 2018.09.19 2017고단9011
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

[2] On December 13, 2013, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Act on the Guarantee of Workers' Retirement Benefits, and the judgment was finalized on the 21st day of the same month. On May 20, 2016, the Defendant was sentenced to a suspended sentence of two years for a crime of fraud in the Goyang Branch of the Jung-gu District Court for the 28th day of the same month.

The defendant, who was working as the representative of D in the sanitary article manufacturing industry chain in Pakistan (hereinafter "the land in this case"), lent 263,410,000 won on July 9, 2008 for the purpose of purchasing D factory site to the victim E who was introduced by the branch, and purchased the land in this case on July 9, 2008 and registered the transfer of ownership on the 26th day of the same month. On the land in this case located within the land transaction permission zone at the time, on November 24, 2008, registered the transfer of ownership to the victim in this case on April 4, 200 after completing the registration for the transfer of ownership, and completed the registration for the establishment of a collateral security with the maximum amount of the loan amount of KRW 360,000,000.

[2] The Defendant had the intent to sell the instant land to a third party after deceiving the victim, cancelling the registration of the establishment of the right to collateral security by deceiving the victim, and selling the instant land to the third party. On December 201, 201, at the victim’s house of 103 Dong-dong 203, Sungnam-gu, Sungnam-gu, Sungnam-si, Seoul Metropolitan Government, the Defendant changed the establishment of the right to collateral security by allowing the victim to receive KRW 800 million support from the Small and Medium Business Corporation and redeem the maximum amount of the claim. If the Small and Medium Business Corporation fails to receive support from the Small and Medium Business Corporation, the establishment of the right to collateral security by 43% out of the shares of D companies within the period

The phrase “ makes a false statement.”

However, in fact, the defendant was not entitled to additional loans or support of KRW 80 million because it was not yet able to fully repay loans from Small and Medium Business Corporation in 2006.

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