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(영문) 인천지방법원 2016.04.22 2015고단5097
사기
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who actually operates the F Co., Ltd. in Seo-gu, Incheon E 705, was suffering from difficulties in the operation of the Company due to the occurrence of approximately KRW 10 million per month, since early 2014, due to a sudden decrease in company sales.

1. On June 12, 2014, the Defendant who committed the crime against the victim C is to purchase the victim C with “No. 212, 56,00,000,000,000,000,000,000,000,000,000,000 won.

It is now paid the down payment of KRW 25 million, and the intermediate payment of KRW 15 million until June 25, 2014, and the remainder of KRW 16 million on July 5, 2014, set up a right to collateral security (right to collateral security) to which the creditor is a stock company in advance against the above commercial building. It is different from the civil liability related to the establishment of the right to collateral security (right to collateral security).

“A false representation was made.”

However, in fact, the Defendant, who received a wood marry from the J as security, used the said commercial building to sell it to another person for personal living expenses, etc., and did not have the intent to pay the purchase price to the victim. The Defendant, at the time of concluding the contract, would pay the down payment to the victim KRW 25 million to D as approximately KRW 45 million.

“At the time,” was prepared and operated in a false manner;

F Co., Ltd. was in a state of bad credit and the Defendant did not have any specific property or income, so there was no intention or ability to purchase commercial buildings by paying the purchase price as promised to the victim.

The Defendant: (a) deceiving the victim as above; (b) caused the victim to set up a right to collateral security with the creditor F Co., Ltd. and the debtor F Co., Ltd. and the maximum amount of the claim amount of KRW 150 million on the same day; and (c) did not pay the purchase price within the payment period; and (d) acquired pecuniary benefits equivalent to KRW 28 million of the unpaid purchase price.

2. The accused shall be the date and time set forth in the preceding paragraph.

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