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(영문) 서울동부지방법원 2012.12.12 2012고단883

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

On May 2, 2005, the Defendant, in the Seoul Gwangjin-gu Seoul Special Metropolitan City, concluded that, with the knowledge of the fact that, in the same business, victims D(61) and E, etc., were to newly construct and sell multi-household houses at the 496 square meters and four lots of land (hereinafter referred to as “F site”) in Yangyang-gun-gun, Gyeonggi-do, the Defendant would be aware that the Defendant would receive loans from the victims in order to obtain loans in order to sell them in lots, and would receive loans by raising appraisal of the above F site from the bank or the Korea Appraisal Board, and would receive loans with a large amount of loans, the Defendant would pay money to the employees working at the bank or appraisal institution for the purpose of the commencement of loans, and would request money in the name of the commencement of loans.”

However, there was no intention or ability to allow the defendant to get a large amount of bank loans due to the high appraisal of the above FF site loan.

Nevertheless, the Defendant, as such, by deceiving the victim and receiving KRW 1,00,000 from the victim’s place of loan commencement money, received KRW 39,150,000 from the victim on the following grounds: (a) loan for the above F site site; (b) loan for the commercial building site 356 square meters, 128 square meters, 356 square meters, 128 commercial building site in Seoul Dongdaemun-gu and 6 other than Dongdaemun-gu, Seoul; and (c) loan for the commercial building site in lot number I located in Chungcheongnam-gu, Chungcheongnam-gu, Seoul; and (d) loan for the loan of the loan due to the intent that the loan would be received from the victim on the following grounds: (a) the Defendant was granted KRW 39,150,000 from the victim on the loan commencement money; and (b) the Defendant was granted KRW 39,150,000 in the name of loan borrowed money.

Summary of Evidence

1. Each legal statement of witness D, J and E;

1. Each part of the prosecution and police investigation protocol against the accused (including all D statements);

1. Statement of each prosecutor's office and police statement concerning D;

1. Each written statement of J and E;

1. A copy of each payment note made by the Defendant, or a promissory note;

1. Investigative Report by the Prosecutor, K Appraisal Board and Reporting on their retirement, K Certified Public Appraiser.