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(영문) 서울중앙지방법원 2015.12.03 2015고합477
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

The Defendant provided real estate to a steel company as security, received steel coaches, disposed of them, disposed of, and disposed of them, and performed activities with the name of "L" by establishing K Co., Ltd. (hereinafter referred to as "K"), and then using the name of "L" in K.

On April 2012, the Defendant: (a) around M and N used M and N to the effect that “The Defendant provided real estate to the steel company as security, and disposed of and commercialized steel coaches as dumping; (b) sought real estate to be used as security; and (c) ordered M to use K’s position to the vice president and N, respectively.

1. From May 15, 2012 to the victim O, M&N made a false payment of KRW 600 million to the victimO, first of all, on the land in the Chungcheongnam-si P and Q (hereinafter “R”) in the Chungcheongnam-si P and (hereinafter “the instant real estate”) in the Chungcheongnam-gu, Chungcheongnam-gu, Y-gu, Y, to the effect that it would purchase the land by paying the total amount of KRW 80 million, including KRW 50 million on May 17, 2012, after being supplied with steel products, etc.

However, in fact, the defendant, M and N did not have the intent or ability to pay the above purchase price to the victim because the defendant, M and N provided the victim's real estate as security to R and received steel orders, and there was an idea of dumping and selling steel products.

On May 15, 2012, the Defendant, in collusion with M and N, by deceiving the victim as above and taking documents for providing collateral from the victim, set up a right to collateral in the name of K and K, the maximum debt amount of 600 million won with respect to the above real estate, and acquired pecuniary benefits equivalent to the same amount after being supplied with steel products in the amount of KRW 600 million with R.

2. To the victim S.

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