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(영문) 서울중앙지방법원 2014.09.03 2014고단5582
사기
Text

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

Reasons

Punishment of the crime

On October 2010, the Defendant made a false statement to the effect that “The Defendant would purchase the FF H land in the company, which is an employee of the FF farming association office operated by the Defendant in Gangnam-gu, Seoul, through S, to the effect that “The Defendant would purchase the farmland in order to expand the company, such as modern iron or winter iron in the vicinity of the company. The Defendant would prejudice the registration of ownership transfer at the face of the purchase price, and will also terminate the collateral security established on the said land.”

However, at the time, the Defendant borrowed the above bonds and purchased the bonds previously sold, but failed to pay the bonds due to the failure to properly sell them, and was paid to the employees of the above company due to the failure to pay the bonds at the time, etc., and operated the above corporation by using the funds received from the purchaser of the land as repayment of the existing debt, repayment of interest, company expenses, etc. due to the difficulties in the company's situation, such as the failure to pay the monthly salary to the employees of the above company, etc., and thus, there was no intention or ability to terminate the collateral security established on the above land even if the Defendant received

Nevertheless, the Defendant, as above, by deceiving the victim, received a total of KRW 116.6 million from the victim, including KRW 1 million on October 20, 2010, KRW 500 million on October 26, 2010, KRW 110.6 million on November 1, 2010, and KRW 10.6 million on November 1, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. An interrogation protocol of the police officer against S;

1. Statement of the police officer with regard to BI;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, and Article B, which appears to have been involved in the instant crime, together with the Defendant for the reason of sentencing choice of imprisonment, land on the part of the victim.

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