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(영문) 전주지방법원 정읍지원 2014.11.18 2014고단460

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence of one year on July 8, 2014 to six months of imprisonment with prison labor for the crime of occupational embezzlement in the branch court of the Jeonju District Court on July 8, 2014.

【Criminal Facts】

1. On March 29, 2013, the Defendant made a false statement to the victim B, “In order to receive a loan of KRW 30 million in order to repay the principal and interest of the loan principal and interest of the apartment house of 110,000,000 won in the Gyeonggi-si, the Gyeonggi-do, which is in the name of the company in charge of the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of the loan within one month, and

However, the defendant had an intention to use the money borrowed from the victim as the principal and interest of apartment loan, the principal and interest of the loan received from the lending company other than interest, and the personal debt, and there was no intention or ability to repay the borrowed money as the promise or to transfer the name of the apartment to the victim.

Nevertheless, on March 2013, the Defendant: (a) by deceiving the victim; (b) caused the victim to have the victim take a joint and several guarantee of loans worth KRW 30 million in total from the Sejong Savings Bank, Hyundai Savings Bank, and Nondo Savings Bank; and (c) took property benefits equivalent to the said amount in a manner of not paying the said amount.

2. Around May 2013, the Defendant: (a) stated that “Around May 2013, the Defendant shall transfer to the victim B the bid bond amount of eight million won to be awarded a successful bid for the apartment of the auction case D auction case in the Jeonju District Court, Jeonju District Court, and the Defendant shall return the apartment again without being awarded the bid.”

6. 12. The victim's father E has received eight million won as a bid bond from the victim's father as a passbook in the name of the defendant;

As such, while the Defendant kept a bid bond of eight million won as a passbook, an auction is revoked.