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(영문) 전주지방법원 군산지원 2013.12.18 2012고단2013
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

Since sufficient deliberation is conducted on the trial date and there is no risk of causing substantial disadvantage to the defendant's exercise of his/her right to defense, the facts are recognized as identical to the main sentence according to facts acknowledged by each evidence submitted to this

On April 4, 2011, the Defendant made a false statement to the effect that “The Defendant would use 100 million won without interest, and make repayment to the victim C until July 4, 201, by transferring the buyer’s rights to 100 million E apartment units 108 Dong-dong 701 at the following city, thereby offering a security for the borrowed money, and if the borrowed money is unable to be returned on the repayment date, the said apartment will be ordered and the right to operate one cafeteria restaurant in the F of Dong-gu, Nam-gu, Seoul Special Metropolitan City in return for the borrowed money will be given.”

However, the Defendant had no particular property or income, and already borrowed KRW 200 million with respect to F business from D on March 2010, and borrowed KRW 500 million from G on January 7, 201, but failed to repay at all.

In addition, as a project promoted by the CoA film Seoul corporation, the defendant was seeking to enter into an agreement on the transfer of shares with CoCoA film Seoul corporation, and to acquire ownership and business rights on the above F site, but failed to pay the price at all, the above F site was entered into in early 2010 and there was no intention or ability to give the victim the right to operate the 'brine restaurant' within the above F site because it did not acquire any right on the above F site and business rights.

Of the facts charged in this case, the above apartment house, which was offered as a security, intends to pay the price by obtaining a loan under another person's name after concluding a purchase contract, but failed to pay the price, and thereby making a registration of ownership transfer as a security to another person.

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