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(영문) 서울동부지방법원 2017.01.25 2016고단1573
사기
Text

Defendants shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

On November 6, 2014, the Defendants issued an electronic bill of KRW 100 million at face value to the victim G at the F Real Estate Office located in Kim Jong-si, Kim Jong-si, stating, “The Defendants acquired a high-level factory in order to move into and operate the Ha, which is jointly operated in Seoul, with the view to a high-speed Ha, and the need for operating funds to lend money.” On January 6, 2015, at the same place, “on the same day as of January 6, 2015, the Defendants issued an electronic bill of KRW 100 million at face value and, if the bill is in default, intend to set up a second-class collateral security right with the bank next to the high-level Ha factory.”

However, in fact, the Defendants did not have a high-level factory, and when funds are insufficient on October 2014, the Defendants participated in the I auction procedure and did not prepare any balance by November 28, 2014, which was in progress in the Changwon District Court through the Common Branch of the Changwon District Court, but did not prepare any balance by November 28, 2014, which was the date of sale, and made a decision to sell it to the next order on December 9, 2014, and the next order was in the state of acquisition of a high-level factory by full payment of the price on January 5, 2015. Therefore, even if they borrowed money from the damaged person, they did not have any intent or ability to set up a right to collateral security in the name of the victim.

The Defendants obtained the total amount of KRW 79.5 million from the injured party on November 17, 2014, and KRW 55 million on January 6, 2015, and acquired the total amount of KRW 79.5 million from the injured party.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol against the Defendants (including the statement of the G)

1. Each police statement made to G and J;

1. A complaint filed for G production;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on the search of bills of exchange, including detailed transactions, deposit details, etc., loan certificates, all registered matters, certificates of registration of real names, details of receipt of real names, lists of transactions of self-reliance deposits, verification of transaction details, receipts, construction contracts, business registration certificates, and auction cases;

1. Criminal facts;

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