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(영문) 서울북부지방법원 2019.02.14 2016고단1075 (1)
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

Defendant B and Defendant A are marital relations.

On June 7, 1995, the defendant B, and the defendant A, around July 5, 1995, depart from Canada, and the defendant A, while staying in the United States, for the purpose of escaping criminal punishment such as fraud, etc., the defendants acquired the U.S. citizenship (the defendant A lost the nationality on March 22, 2006).

Defendant B and Defendant A, together, operated the “E” as lighting fixtures and electrical materials wholesale store in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, but due to its business failure, borrowed KRW 5 million from the victim F on January 1994 on the condition that the victim F is paid the interest of KRW 2,00,000 on a monthly basis at the mutual influence house located in Jongno-gu, Seoul Special Metropolitan City.

On March 10, 1994, the Defendants issued a promissory note of KRW 20 million with a face value of KRW 20 million with a face value of KRW 20 million and face value of KRW 20 million with a face value of KRW 20 million with a loan extended to the victim F by September 15, 1994 and with a false statement that “on the loan of KRW 15 million with a loan of KRW 5 million to the victim F, the Defendants will make a promise to establish a collateral security right on the real estate owned by the above Defendant B” at the seat of H Bank in Seongbuk-gu Seoul, Seongbuk-gu, Seoul.

However, on June 18, 192, the Seoul Dongdaemun-gu Seoul Metropolitan Government I’s land and housing owned by the above defendant B was under the circumstance that the J bank established the right to collateral security of 42 million won with the maximum debt amount, and the J bank’s right to collateral security of 23 million won with the maximum debt amount, around February 23, 1994. Since the Defendants planned to dispose of the above real estate, they did not have the intent or ability to set up the right to collateral security against the victim, they did not have any other intent or ability to repay the borrowed amount.

Defendant

A received 15 million won as a loan from the victim, i.e., the victim.

As a result, the Defendants conspired to attract the victim to receive the goods.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1.K and F.

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