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(영문) 서울동부지방법원 2014.03.21 2013고합271
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. Around the beginning of August 2007, the Defendant against the victim C made a false statement to the victim in the office E office of the victim’s operation in Gangnam-gu Seoul Metropolitan Government, stating, “In the Republic of Korea, the Defendant began to import and sell steel in China, and it is a promising business for the victim to enter Korea. The order of steel in China is about 15 days and about KRW 100,000 if the Defendant purchased and sold steel in the Republic of Korea, the amount of KRW 30,000 if the Defendant purchased and sold it. It is necessary to provide a security to issue a letter of credit necessary for import. It is necessary to establish a letter of credit for apartment as security. It is also necessary to delete the right to collateral security at any time because there is G apartment in the high seas, as well as G apartment in F, at any time, and payment of the amount of KRW 100,000,000,000,000

However, at the time, the Defendant was liable for the amount equivalent to KRW 675 million, and there was no particular property or fixed import, and thus there was no ability to normally conduct steel import and sales business. Moreover, the import agent, instead of paying steel import charges, had the victim provide collateral, and then had the victim disposed of the scrap metal as normal steel products from China through H through the import agent company, and then had the victim disposed of the scrap metal as a personal disposal, and there was no intention or ability to pay interest equivalent to KRW 50 million per month to the victim, or cancel the collateral security right established on the apartment owned by the victim.

Nevertheless, on August 23, 2007, the Defendant deceiving the victim and caused the victim to do so with regard to subparagraph 1 and 602 of the I apartment Nos. 1 and 602 of the I apartment Nos. 602 owned by the victim, and caused the victim to complete the registration of creation of a mortgage with regard to the amount equivalent to KRW 130,000,000,000 for the maximum debt amount of the said real estate.

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