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(영문) 서울서부지방법원 2017.06.16 2016고단553

사기

Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2. However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On January 14, 2013, the Defendant borrowed KRW 91 million from the Saemaul Bank of the Dongwon on February 4, 2013 and transferred the right to return the deposit of the deposit of the lease of the lease of the lease of the lease of the lease of KRW 504,00,000 to the Saemaul Bank of the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (former lease of the lease of the lease of the lease of the lease of the lease of KRW 130,00,000,000.

Nevertheless, the Defendant, on September 2013, transferred the above deposit to the mother F of the victim who was not well aware of the validity of the consent to transfer and transfer the bond, and thus, the Defendant already transferred the deposit to the Saemaul Bank of Korea. Therefore, the Defendant would also terminate the lease contract without notifying the fact that he was not entitled to receive the deposit for the deposit for the lease on a deposit basis.

In other words, from September 5, 2013 to October 11, 2013, a sum of KRW 129,284,850 was remitted from the mother F of the victim and the victim, and acquired it by defrauded.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness G, F and H;

1. Partial statement of a witness I;

1. Part of the protocol concerning the examination of the suspect against the accused by the prosecution;

1. Statement made by the prosecution with regard to G;

1. Statement made by the police with regard to F;

1. A certified copy of real estate register or a copy of real estate lease agreement;

1. A contract for transferring claims, the notification and confirmation of the transfer of claims, and a loan transaction agreement;

1. The defendant and his defense counsel asserts that the defendant did not have the intention to acquire money because he knew that the loan was a credit loan at the time and he knew that the credit was transferred, and therefore he did not have the intention to obtain money by deception.

In light of the above facts and circumstances, the Defendant, at the time of the instant loan, stated the location, address, resident registration number, etc. of the object of the lease in writing and affixed a signature and seal on the bond transfer contract, and the location of the leased object and the deposit money.