beta
(영문) 서울중앙지방법원 2014.01.28 2013고단1195

사기

Text

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

Reasons

Punishment of the crime

On February 7, 2005, the Defendant was sentenced to imprisonment for fraud at the Seoul Central District Court for a period of one year and six months, and was released on February 28, 2006 during the execution of the sentence at the Chungcheong detention center and passed on March 26, 2006.

From November 2007, the defendant works as an employee in E (State) operated by the victim D from November 2007, and has been in charge of lending of land where the victim was in sale.

On March 27, 2008, the Defendant received a loan from the E (State) office located in Songpa-gu Seoul, Seoul, to the victim D for a company loan, and there is no additional security, and thus the period of loan is not extended. The Defendant stated to the effect that the victim, as the owner of the land in fact, sells the land at issue to the (State) G and uses it as security to extend the loan period by selling it to the ( State) G, and receives KRW 146 million as the sale price.

However, in fact, the Defendant had the representative of (State)G, I, borrowed the instant land as collateral, and then thought to use the loan separately from I. Even if the victim transferred the ownership of the instant land to I, he/she did not have the intent or ability to pay the purchase price to the victim.

On March 28, 2008, the Defendant enticed the victim, and caused the victim to complete the registration of ownership transfer of the instant land to I on March 28, 2008.

Summary of Evidence

1. Legal statement of witness D;

1. Examination protocol of the accused by the prosecution;

1. Statement of the police officer to J and I;

1. Full certificate of the registered matters (number 11, 17);

1. A real estate sales contract (number 19);

1. Investigation report (to attach details of passbook transactions, 26, 27);

1. Application of Acts and subordinate statutes to an investigation report (including the current status of individual identification, etc., 38,39,40);

1. Relevant Article 347 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (2) of the Election of Imprisonment;

1. The Criminal Act among repeated crimes;