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(영문) 수원지방법원 2017.01.10 2016고합249
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On February 2, 2012, the Defendant created a maximum amount of KRW 600,00,000,000 for each of the instant lands on E, F, G, H, I, J, K, and L (hereinafter “each of the instant lands”) (hereinafter “instant lands”). The Defendant, at a public brokerage office located in P&O located in P&O on October 30, 2015, set up a mortgage for the amount of KRW 1,00,000,000 for the collateral security and the claim amount of the collateral security, which is the debtor and the mortgagee M of the neighboring mortgagee, and the debtor A, and the neighboring mortgagee, N in each of the instant lands (hereinafter “instant right”). On October 30, 2015, the Defendant would sell the debt to the victim M and Q, the agent of N, by cancelling the collateral security.

The phrase “ makes a false statement.”

However, in fact, even if the land was sold by cancelling the right to collateral security on the land, there was no intention to repay the debt to the victims.

The Defendant received the documents related to the cancellation of the lower right from the above Q immediately, and subsequently deleted all of the above collateral security rights covering KRW 598,911,977 of the victim M’s claim amount and KRW 804,052,406 of the victim N’s claim amount, and acquired property profits equivalent to KRW 1,402,964,383 of the total amount.

Summary of Evidence

1. Each legal statement of Qu, R, S and M;

1. Statement made by the prosecution on Q and T;

1. Statement made by the police to Q Q;

1. Each statement of R and S;

1. Each prosecutor's investigation report;

1. Application of Acts and subordinate statutes on written agreements, certificates of all matters to be registered, conciliation protocol, real estate trade contract, copy of passbook, and seal imprint;

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act concerning the crime in question;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (an aggravated punishment for concurrent crimes against victim N with heavy criminal situation)

1. Determination as to the defendant and his/her defense counsel's assertions on Articles 53 and 55 (1) 3 of the Criminal Act (the following grounds for sentencing)

1. The defendant's summary of the assertion of this case's real estate of this case.

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