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(영문) 서울중앙지방법원 2017.12.14 2017고단2780

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

1. On December 6, 2012, the Defendant loaned money to the Defendant at the Gangnam-gu branch of the private fisheries cooperative in Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, 642-1, and “The Defendant is running a business to build the F in Seocheon-si D and E” to the Defendant until December 19, 2012.

“The purpose of “ was to make a false statement.”

However, in fact, while the F establishment project was suspended due to the lack of particular funds, the defendant did not have the ability to implement the project properly, and there was no intention or ability to repay the borrowed money.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 100 million from the victim to the above account on the same day, and, i.e., received KRW 10 million from tin to receive KRW 10 million, and fraudulently acquired KRW 110 million.

2. On January 28, 2013, the Defendant: (a) at the H A certified judicial scrivener office located G in J in Jinju-si around January 28, 2013, there is a need to deposit money to the victim to borrow money to obtain I; (b) if the instant site is in high seas as security, the Defendant borrowed the deposit and repaid the borrowed money until February 6, 2013.

“The purpose of “ was to make a false statement.”

However, the Defendant could not raise funds to receive “I”, and there was no intention or ability to repay the borrowed funds.

Nevertheless, the Defendant, by deceiving the victim as such, caused the victim to establish the right to collateral security with the maximum amount of KRW 140 million, the debtor A (Defendant), and the mortgagee H on the instant land on the same day (the actual registration of collateral security was received on February 19, 2013) and acquired financial benefits equivalent to 100 million won from H to the said account.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Statement C in the suspect examination protocol in relation to J;

1. Statement C in the police interrogation protocol concerning the accused;

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

1. A written complaint filed by C and a written statement;

1. Cash loan certificate;