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(영문) 전주지방법원 군산지원 2014.08.27 2013고단1576
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

However, for two years from the date this judgment becomes final and conclusive against Defendant A.

Reasons

Punishment of the crime

1. The criminal conduct committed by Defendant A with Defendant B

A. At around 10:30 on April 28, 2010, Defendant A, along with Defendant B, made a false statement to the victim F, stating, “The victim F was able to participate in the fourth lecture project from the tin of the stock company, and receive money from the tin of the stock company.” On the loan of KRW 200 million, Defendant A would return KRW 400 million after six months, and set up a mortgage in the order of first priority during the cover of a tin purchased as a stock company as a collateral.”

However, in fact, Defendant A had a bad credit standing since about 10 years ago, and the Defendants had no intent or ability to repay the debt even if she borrowed money from the victim due to the absence of any particular property. Defendant A had no intent or ability to establish the first priority mortgage during the collection period, since the mortgage was established on the maximum debt amount of KRW 180,000,000 for three creditors.

Defendant

A, in collusion with Defendant B, by deceiving the victim as above, obtained KRW 200,000 from the victim, namely, the money borrowed from the victim.

B. When Defendant A received KRW 200 million from the victim as described in paragraph (1) together with Defendant B, and received a mortgage in the name of the victim, which was set up in the fourth priority order, the first priority order, Defendant A made a false statement as follows: (a) finding the victim around December 27, 2010, by cancelling the mortgage set forth in the private gathering season, and (b) providing the above private gathering machine as security and borrowing KRW 200 million from the victim with the financial right.”

However, in fact, only the first mortgage was established in the name of another person, and there was no intention or ability to repay the borrowed money to the victim with the above mortgage provided as security.

Defendant

A, in collusion with Defendant B, deceiving the victim as above, thereby making up KRW 200 million to the maximum amount of debt set at the time of the above shooting on December 30, 2010.

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