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(영문) 의정부지방법원 2014.03.10 2013고단4379

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 2012, the Defendant received a high appraisal by the victim C, who became aware of through B at an insular place, as to the land totaling 23,767 square meters and the E-factory building, etc. located (hereinafter “victim’s land”) located in Sju-gun, and requested the victim to obtain a loan. The Defendant issued a copy of the box document in the name of the Central Appraisal Corporation, which was evaluated as KRW 9.6 billion, to the victim at around that time.

However, in fact, the above consignment document issued by the defendant to the victim is not issued regularly by the central appraisal corporation, but it is unclear the source of the document by the defendant, such as the actual maker and the process of preparation, because the defendant was made voluntarily through a name-free box F. In addition, even if the defendant received the above money due to the lack of any particular income at the time, there was no intention or ability to receive the appraisal as above, as to the land of the victim.

Nevertheless, on May 4, 2012, the Defendant: (a) around May 4, 2012; (b) around 250,000 won to the account of passbook of foreign exchange bank in G; and

8. Around 14.14. Around the same month, 6.8 million won was transferred to the Saemaul Treasury account (Account Number: H) in the name of the defendant, and around the 22th of the same month, 10 million won was received from each of the above Saemaul Treasury accounts in the name of the defendant, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (Listening to statements by complainants, etc.);

1. Application of the provisions of Acts and subordinate statutes to copies of transfer details and copies of consigned boxes;

1. Article 347(1) of the Criminal Act of the corresponding Article 347 of the Criminal Act concerning the crime (a comprehensive control over the crime of fraud) and the defendant for the reason of sentencing choice of imprisonment.