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(영문) 서울남부지방법원 2017.12.01 2017고단1930
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant distributed penal detention under the trade name “D” in the Yongsan-gu Seoul Building 401, Goyang-gu, Goyang-si.

1. On November 2004, from around September 2009 to around September 2009, the Defendant against the victim E was unable to pay KRW 140 million out of the payment to the victim E, who produced and supplied literature penal detention, such as soft, in the name of the denied F. The victim set up a right to collateral security, the maximum amount of the creditor F and the claim amount of KRW 100 million with respect to the 1/2 share owned by the Defendant among G Apartment G apartment No. 601 Dong 604, Yeongdeungpo-gu, Seoul.

On September 2009, the defendant sold the right to collateral security established on apartment to the victim and paid the whole price enclosed by selling it to the victim on September 2009.

It is possible to receive money from the buyer on the payment date of the remainder of apartment house.

“.....”

However, in fact, the defendant did not have any intention or ability to repay the closed price even if the right to collateral is cancelled by the injured party, since the defendant was first director with the remaining money from the payment of the apartment sale and planned to prevent contact with the injured party.

Nevertheless, on September 30, 2009, the Defendant made a false statement as above, and then, on September 30, 2009, acquired the same amount of pecuniary benefits by cancelling the registration of the establishment of the right to collateral security with the maximum amount of KRW 100 million.

2. The defrauded against the Victim H Co., Ltd. was unable to pay the amount to the Victim H Co., Ltd., who supplied a paper to the Defendant from early 2009 to September 2009.

On September 15, 2009, the Defendant demanded the establishment of the right to collateral security on the apartment of the Defendant, and withdrawal of the legal procedure for the collection of claims from the Defendant’s office, and the Defendant’s “D” office to sell an apartment that is living in the victim’s representative director, “I want to sell the apartment.” In receiving the down payment, the Defendant shall preferentially pay 25 million won out of the price of the above goods, and the remainder shall be the full amount of November 20, 2009, which is the payment date of the remainder.

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