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(영문) 대전지방법원 천안지원 2019.07.26 2019고단281

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is an investor of the “Cwa Holdings” located in Seoan-gu, Seoan-gu, Seoan-gu, and the victim D is a lessee who engaged in the business of crowdfunding lending within the aforesaid B. On December 30, 2013, E, the representative of the said Securities Holdings, received a bank loan on the security of the building, but failed to repay the loan, was scheduled to sell the building, and the victim was in a situation where the business should be discontinued without being fully returned the deposit borrowed from E.

On September 2013, the Defendant stated to the effect that “The Defendant, at the first floor reservation room of the first floor of the wash Holdings, an auction is conducted on the land in the territory of the Republic of Korea, where the Plaintiff actually owns the land in the name of Dong and Dong, there is little tax in arrears, but is clean land, and if the tax is resolved, the Defendant may receive a loan from the financial right as collateral and make a repayment of the loan from the bank and prevent the auction of the wash Holdings from being paid with the loan from the financial right.” The Defendant borrowed KRW 40 million so that the overdue tax may be paid, and if the money is loaned, the Defendant would repay it within two months.”

However, in fact, the Defendant received money from the victim and intended to use the money for the payment of delinquent taxes on the land of the Dong-gu, Dong-gu, Chungcheongnam-gu, Seoul, and the amount of delinquent taxes attached to the above F land was over KRW 40 million, and thus, it could not be resolved with the money borrowed from the victim. The above F land was a situation in which it was impossible to make additional loans because the right to collateral security was established.

Nevertheless, the Defendant, as seen above, by deceiving the victim, obtained one copy of the H Bank Tenoma branch I on September 4, 2013 from the victim (H Bank Tenoma branch I) on September 4, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Full certificate of the registered matters;

1. Cash custody certificate;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant Articles of the Act concerning the facts constituting the crime;