logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.12.19 2018고단2394
사기
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above two years against the Defendants from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 13, 2014, the Defendants agreed to provide the victims with the amount of money exceeding KRW 30,000,000,000 to be provided as collateral and the principal and interest of the E urban development project in Sacheon-si, Yangyang-si, Yangyang-si, Yangyang-si, the Gyeonggi-si, and the establishment of the party branch in the situation where the Defendants conducted the E urban development project in Sacheon-si and received all the intents to participate in the construction from the financial companies and construction companies, and if the project commences, the amount of funds is insufficient, to lend money to the victims within five (5) months from lending money.

“A false statement” was made.

However, in fact, the Defendants did not have the intent or ability to repay or terminate the right to collateral security within the agreed period, even if they borrowed money from the injured party, because the Defendants did not have any intention or ability to pay or terminate the right to collateral security.

On August 13, 2014, the Defendants conspiredd the victim and led the victim to establish the right to collateral security in the name of H with the maximum amount of KRW 52,500,000 on the said real estate, and received KRW 30 million from H under the burden of real estate security from H as a loan, and acquired pecuniary gains equivalent to KRW 52,50,000, the maximum amount of the claim for collateral security, which is the maximum amount of the claim for the right to collateral security.

Summary of Evidence

1. C Legal statement of a witness;

1. As to the letter of commitment, although the Defendants, as to the progress of the business, were in an unsound situation, it is recognized that the Defendants were unaware of the Defendant as if they were to pay the principal and interest within the short period of time and to cancel the right to collateral security.

Application of Statutes

1. Relevant Articles 347(1) and 347(1) and 30 of the Criminal Act concerning the Defendants who choose to commit the crime;

1. Defendants on probation: Article 62(1) of the Criminal Act (see, e.g., agreement);

arrow