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(영문) 수원지방법원 안산지원 2019.09.27 2019고단2037

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 14, 2014, the Defendant introduced the victim C’s house at the construction site of a single house located in Namyang-si, Namyang-si, as his own ownership, and falsely stated that “When the Defendant applied for a loan of 400 million won after the month when he applied for a loan of 25 million won or more, the Defendant left money immediately if the permission for completion of construction falls short.”

However, at the time, the above house was under construction with D's funds owned by the defendant's female job-friendly D, and the defendant was not able to receive a loan as security, so even if he borrowed money from the victim, there was no intention or ability to pay it within one month.

Nevertheless, the Defendant, as such, by deceiving the victim as such, received KRW 10 million from the victim on May 16, 2014 to the Defendant’s concentrated cooperation account (E).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes of the loan certificate and detailed statement of transactions;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Based on the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions indicated in the records, such as the following circumstances, Defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined as ordered by the order.

The circumstances that most of the damage is not recovered: The defendant's mistake is recognized, and the defendant has no criminal record exceeding the same criminal record or fine.