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(영문) 대전지방법원 2019.02.14 2018고단1500
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 12, 2017, the Defendant, as a registration director of the Dispute Resolution Co., Ltd., Ltd., which is operated by the victim D in the second floor of the Seo-gu Daejeon District Co., Ltd., Ltd., the second floor of the Seo-gu Daejeon District Co., Ltd., the Defendant concluded that “A public-private partnership project is conducted in F.,” with the victim’s “B,” and the design cost is insufficient, and an applicant for the loan has already been used as design cost and has already been made. However, once a week, the loan will be implemented by April 19, 2017.”

However, the above facts are different from the facts, and the loan amount of KRW 80 million was difficult at the time due to the management deterioration of the above B, and the due date for repayment of KRW 60 million borrowed from the land owner must be returned to the land owner and the repayment must be made immediately. The defendant's house also has a financial position to the extent that the right of collateral security was established as well as the right of collateral security of KRW 190 million and the lending company could not receive the loan from the lender. Therefore, even if the money was borrowed from the victim, there was no intention or ability to repay it.

The Defendant, by deceiving the victim as such, received 60 million won from the victim to the corporate bank account under the name of the Defendant, and acquired the victim’s property.

2. On June 22, 2017, at the H notary office located in Seo-gu Daejeon, the Defendant drafted a notarized deed stating that, until June 30, 2017, the victim D would sell the building owned by the Defendant and the J apartment and would be repaid as the purchase price, and if not, it would be possible to enforce compulsory execution.

However, until June 30, 2017, when the repayment was made, the victim was unable to pay the above loan to the victim, and the victim was forced to enforce execution.

On July 6, 2017, the Defendant, for the purpose of evading the victim’s compulsory execution against the above apartment owned by the Defendant, is the Defendant’s apartment owned by the Defendant.

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