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(영문) 수원지방법원 2017.10.25 2016고단1951
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around September 2, 2014, the Defendant of Yongsan-gu Seoul Metropolitan Government Group 1951, the Defendant secured a distribution network that can sell the name goods to the victim D in the United States, Thailand, etc. in the Republic of Korea at around September 2, 2014.

Although the victim borrowed KRW 5,000-600,000 to the import cost of a well-known product, the victim does not have cash.

In other words, the victim made a false statement to the effect that “The interest of 2% per month shall be paid to borrow money by establishing a mortgage on the real estate owned by the party,” and the victim shall settle all the existing debts of KRW 40 million and the above mortgage up to KRW 50 million after the tin (9. 10. 10).”

However, at the time of fact, the Defendant did not secure the distribution network of the goods, and did not have the ability to possess or hold the goods equivalent to KRW 500 million, and not only did not have any particular property or income but also did not pay interest on KRW 40 million for the victim’s existing obligation. Thus, even if he borrowed money from the third party by establishing the right to collateral security on the part of the Defendant’s building, the Defendant did not have any intention or ability to pay the money from the third party.

Ultimately, on September 3, 2014, the Defendant: (a) by deceiving the victim as above; (b) obtained as security the building 101 to 112 in Seojin-gu, Seojin-gu; (c) established the right to collateral security on the said building; and (d) borrowed KRW 35 million from F; and (c) obtained pecuniary benefits equivalent to the said amount.

On May 2016, 2016, the Defendant called “to provide money to handle food waste” by phone to H, who is a partner of the victim G, at Franchisium 2017.

However, the facts are that the defendant's liabilities amount to 7-80 million won, and the defendant's goods are entrusted without paying the purchase price.

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