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(영문) 대구지방법원 의성지원 2018.10.11 2018고단85
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 17, 2016, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes in the Busan District Court, and on July 4, 2016, the judgment became final and conclusive on July 4, 2016. On November 11, 2016, the court was sentenced to four years and six months of imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and the judgment became final and conclusive on May 31, 2017.

Since October 2015, the Defendant, as the representative director B, failed to operate funds, such as profits, to be paid to investors from around October 2015, the Defendant was willing to consume the deposit, etc. paid to the real estate broker by paying additional brokerage fees to the real estate broker at the Busan Northern-gu C and the fourth floor in which the Defendant was actually operating.

On January 12, 2016, the Defendant: (a) at the B office located on the second floor of the building in the Busan-gu Busan-gu, Busan-gu, the Defendant: (b) stated the victim F to the effect that “The victim would lease D’s singing points to KRW 50 million and KRW 40 million; and (c) the victim would not have any problem with the termination of the main business and the lease during the term of the lease, as the victim has already entered into a contract with a large number of collateral security; (b) again, he/she would lease the said money to KRW 50 million; and (c) the said sing branch mortgagee is a company employee; and (d) the said sing branch mortgagee is a company employee, so the said sing branch mortgagee is entitled to set up the right to collateral security within 1 and 2 months, and one of the real estate owned by the security for the deposit.”

In fact, however, the establishment of the right to collateral security has been registered in the name of H association, which is the maximum amount of the claim amount of 450,000,000 for the G land and its ground buildings in Busan-gun, Busan-gun, which was offered as collateral to the victim, and there was no priority right to collateral security due to deposit

In addition, B operated by the defendant is a similar recipient without any business profit.

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