beta
(영문) 청주지방법원 2016.06.03 2016노259

사기

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On August 26, 2010, Defendant B was sentenced to one year of imprisonment for a crime of fraud at the Cheongju District Court on the charge of the instant case and completed the execution of the sentence on January 6, 201.

On February 1, 2013, Defendants 1 conspired to offer 306 Dong-gu E apartment and to borrow money from the victim F, Seo-gu, Cheongju, the owner of Defendant A who falls short of security value, as Defendant A was unable to resolve the bonds borrowed through the introduction of Defendant B.

(1) Defendant 1 and A were indicted as co-offenders of the instant fraud crime.

With respect to A, the lower court sentenced A to a community service order for 2 years and 240 hours of imprisonment with prison labor for eight months, and sentenced the Defendant to a imprisonment with prison labor for eight months.

With respect to the above judgment of the court below, only the defendant appealed for the following reasons for appeal.

Defendant

A around 15:00 on February 1, 2013, at the office of the H Judicial scrivener located in Seo-gu Seoul Metropolitan City, Chungcheongnam-gu, Cheongju, "E apartment owned by A in the event that the father and mother of A live together and is clean without any problem, E apartments are repaid after calculating the interest rate of 3.5 copies of each month (42% per annum) if they are lent apartments as security.

“A false statement” was made

2. (2) The court below acknowledged the facts charged that A committed a deceitful act as prosecuted on the ground that A was aware of a false statement at the time and place of the crime, although the person who made such a statement directly, at the time and place of the crime.

However, in fact, the above apartment building owned by Defendant A had paid the deposit amount of KRW 100 million (the market price of KRW 135 million) and did not have sufficient collateral value. Defendant A had a debt equivalent to KRW 50 million, and Defendant A did not have any intent or ability to complete payment even if he/she borrowed money from the damaged party due to lack of particular property.

The defendants deceiving the victim as such and belong to it.