(영문) 대전지방법원 2015.01.30 2014고단2413

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(영문) 대전지방법원 2015.01.30 2014고단2413

사기

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The defendant shall be innocent.

Reasons

1. The summary of the facts charged was as follows: (a) on March 24, 2008, the Defendant borrowed KRW 65.8 million from C, and KRW 91 million from April 16, 2008, the sum of KRW 91,000,000,000 from April 11, 2008; (b) around May 16, 2008, the Defendant completed the registration of creation of superficies with the duration of KRW 150,000,000 from May 16, 2008, with the maximum debt amount of KRW 161,00,000; and (c) the registration of creation of superficies with the duration of KRW 30,000 from May 16, 2008.

C around July 28, 2008, after having filed a lawsuit from G, the actual owner of the above land, to cancel the right to collateral security, the Cheongju District Court requested the Defendant to provide a new collateral. However, the Defendant could not seek a special physical collateral.

Around September 21, 2009, the Defendant issued a payment guarantee letter to the effect that “Around September 21, 2009, the Defendant would pay KRW 160 million,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

In fact, even if C had cancelled the right to collateral security, the Defendant did not have the intent or ability to repay KRW 160 million, and even if C had the right to collateral security, the Defendant was not entitled to receive the amount stated in the payment guarantee certificate even if C had the right to collateral security, as a company with no substance, written a false payment guarantee certificate, and C had not exercised the right to collateral security amounting to KRW 160 million against the State.

On October 6, 2009, the Defendant deceptioned C, and caused C to cancel the registration of the establishment of the right to collateral security (right to collateral security) and acquired pecuniary profits equivalent to the value of collateral.

2. The Defendant asserts that there is no intention to commit a crime by deception, which had been unaware of the fact that the payment guarantee from the investigative agency to the court was false or that the issuing company was not an entity.

The core content of deception is to issue a false payment guarantee.

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