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(영문) 인천지방법원 2020.12.18 2020고단7913

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 22, 2011, the Defendant: (a) at the office of “law firm C” in the Michuhol-gu Incheon, Michuhol-gu, Incheon, and the third floor; and (b) the victim D obtained a loan of KRW 20 million to KRW 400,000,000,000 from the person in charge of the construction permit and the right to lease the forest; (c) the owner of the said forest was selling the said forest at a low price of KRW 550,000,000,000 from around the surrounding land; and (d) the owner of the said forest sold the said forest at a low price of KRW 50,000,000,000 to KRW 250,000,000 for purchase of the forest. The Defendant agreed to obtain a loan from the person in charge of the construction permit and the person in charge of the construction permit and the person in charge of the construction permit to obtain a loan of KRW 10,120,000,000 from G.

However, in fact, the down payment for the purchase of the above forest was only KRW 50 million, and the Defendant was in a state of not preparing the remaining forest purchase fund and the building permit procedure, so it was impossible to obtain a loan after purchasing the above forest and obtaining a building permit. The remainder of KRW 50 million was thought to be used as personal debt repayment, living expenses, and children golf expenses of the Defendant, but the Defendant was in a bad credit condition at the time, and thus, the Defendant did not have any intent or ability to repay the said money on the payment date as promised even if it was borrowed from the victim.

Nevertheless, on June 28, 201, the Defendant, by deceiving the victim as above, received a total of KRW 100 million from the victim’s I account in the name of H on June 28, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Data from the complainants who filed a report on investigation into details of transactions (law firm C investigation cooperation, investigation into witness's whereabouts) such as a written statement of the police with D and a certificate of transfer confirmation;