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(영문) 수원지방법원 2015.05.13 2015고단421
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who has operated the B.

From around April 11, 2002, the Defendant borrowed money from the victim C and set up a collateral security right, which is the maximum debt amount of No. 4003, 1003, 4003, 400,000, owned by the Defendant, as a collateral for the said debt, against the Defendant’s debt of KRW 60,000,00, which remains as of April 11, 2007.

On April 2008, the Defendant made a false statement to the effect that “The gold Company is difficult.” On the side of the Jeju Taekwondo Park, the Defendant disposed of the land above 2000 square meters, and would normalize the company by selling the apartment at the time of termination of the right to collateral security. In addition, the apartment would be able to sell and profit from the construction of the company. As such, the Defendant may additionally invest the funds to be used for the material cost. On the other hand, the Defendant made a false statement to the effect that “In the event of cancellation of the registration of creation of the right to collateral security, KRW 60 million will be paid monthly for the existing debt amounting to KRW 60 million.”

However, at the time, the Defendant had no intention or ability to pay dividends of KRW 600,000 per month to the victim even if he received the money from the victim because the Defendant had no intention or ability to pay dividends of KRW 600,000 per month due to the business depression and the escape of the employees. The Defendant did not own the land of KRW 2,000. The amount of money borrowed from his relatives and employees due to the existing debt, or was under circumstances where he paid the money borrowed from his employees or repaid the interest of the existing debt.

As such, the Defendant, by deceiving the victim as above, had the victim cancel the registration of creation of a neighboring mortgage on April 28, 2008, thereby obtaining pecuniary benefits equivalent to the maximum debt amount of KRW 78,00,000 from the victim, and around June 9, 2008, KRW 5,000,000, and the same year.

7.25 around 25.10,000,000 won, for the same year

7. The same year, around 29.10,000,000 won; and

8.25. Minority: 4,000,000 won, and the same year.

8. around 26.26.34,000,000 won, including KRW 5,000,000,000,000, in total, by means of the transfer, etc. to a corporate bank account under the name of the defendant.

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