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(영문) 서울서부지방법원 2019.01.09 2018고단788

사기

Text

A defendant shall be punished by imprisonment for six months.

except that 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

The Defendant: (a) was offered from D, the actual operator of C (hereinafter referred to as “C”) who developed hot spring in Chungcheongnam-si, to offer a loan to the victims E and the victims F for several times from March 2016; (b) on August 3, 2016, the Defendant refused to offer money to the victims for the lack of a security for the collection of loan from the victims; (c) while showing two copies of the first loan in the name of 50 million won to the victims at H coffee stores located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon; and (d) stated two copies of the loan to the victims, “The owner of the hot spring development site, I provided two copies of the loan to the land contract amounting to KRW 100,000,000,000,000,0000,000 won received from D; and (d) given this as a collateral, the Defendant may lend the principal and interest of three months and 3 million,00,00.”

On August 10, 2016, the Defendant and D told the victims to “C has developed hot spring in B, and if the Defendant and D lend 30 million won to the victims, they will start up a hot spring up to 12 billion won underground within a week, and receive a loan from the J bank to pay as interest an amount equivalent to 100 percent of the principal and principal until November 10, 2016. If the Defendant and D fail to pay the money by that date, they would allow them to receive money from I as security, and the Defendant also made a monetary lending contract with the same content and made the Defendant sign and seal on the said monetary lending contract with the same purport.

However, facts are that C only paid I a fee of KRW 50 million for the use of a site for the development of a hot spring, and it does not purchase the site or pay the purchase price, and the above loan certificate in I's name is written by D at will.