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(영문) 서울서부지방법원 2018.03.14 2017고단4064
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of one year and six months from January 21, 2015, which was sentenced to a suspended sentence of two years for fraud at the Suwon District Court on January 29, 2015, and the judgment became final and conclusive on January 20, 2015. On March 20, 2015, the Incheon District Court sentenced ten months of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on May 26, 2015. On August 13, 2015, the Incheon District Court sentenced one year and six months of imprisonment for fraud, and three years of a suspended sentence, which became final and conclusive on August 21, 2015.

【The Defendant, on April 15, 2013, entered into an agreement on credit transactions with the victim AO, known to the general public around Pyeongtaek-gu around April 15, 2013, under which the Defendant: “The Plaintiff borrowed the commercial buildings 201 and 217 of Goyang-gu Seoul Metropolitan City AP building 201 and 217, which are four ownership, from the purchase of the profits through the Agricultural Grain Distribution Center as collateral, to return the principal of KRW 100,000,000 as well as to pay interest, to the owner of the agricultural cooperative Federation; and then, the Defendant established a collective security right equivalent to the maximum amount of KRW 45,00,000,000, in the name of the National Agricultural Cooperatives Federation, and received grain from April 17, 2013 to 25,000, from April 25, 2013 to the Agricultural Grain Distribution Center.

After that, on May 14, 2013, the Defendant terminated the above credit transaction agreement, and subsequently, made a false statement to the victim stating that “after the Defendant’s termination of the credit transaction agreement, the Defendant: (a) bounded rice of KRW 3 billion invested in the inside; (b) borrowed the above commercial building as collateral because the amount of KRW 400 million is required to cover this.”

However, in fact, the Defendant was planning to use the supplied grain for personal debt repayment because it was not capable of selling it directly, and was unable to pay the profits through the grain business to the victim. Moreover, even if the Defendant had not invested the amount equivalent to three billion won in the grain business in bad credit standing, and was given a loan to the victim as security, it was only the Defendant’s plan to pay the personal debt or use it as another business fund.

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