beta
(영문) 부산지방법원 2016.04.08 2015고단1464

사기

Text

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

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

Reasons

Punishment of the crime

On November 24, 2014, the Defendant was sentenced to four months of imprisonment and two years of suspended execution for fraud in the Busan District Court, and the judgment was finalized on December 2 of the same year.

On November 1, 2012, the Defendant: (a) obtained permission to engage in the development of the victim F, who was introduced through E, in the D Judicial scrivener Office located in the Republic of Korea on November 1, 2012; and (b) obtained additional loans from the F, the Defendant would pay KRW 130 million by taking out the said land as security after completing civil engineering works.

“.....”

However, on April 13, 2012, the permission for development of the above land was revoked and thus it is impossible to perform civil engineering work. The Defendant was unable to pay the principal and interest on the loan 520 million won from the Fluan Saemaul Community on the above land as collateral, and around that time, the appraised price of the above land was excessive to 670 million won, and thus it is impossible to make an additional loan. Thus, even if it was borrowed money from the injured party, there was no intention or ability to obtain additional loan and repay the loan by taking the above land as collateral after completing civil engineering work according to the promise.

As above, the defendant deceivings the victim as above, and on November 1, 2012, the statement I in the indictment of a certified judicial scrivener D appears to be a clerical error.

On November 3, 2012, 201, KRW 70 million was delivered twice in total, such as remittance of KRW 30 million to the E account under the name of the account.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Statement made to F;

1. Response to a request for cooperation in investigations by the competent Saemaeul credit cooperatives;

1. Current status of loan transactions;

1. Responses requesting cooperation in investigation in a natural disaster;

1. An order for restoration of original state and a plan for restoration of original state following revocation of permission for development activities;

1. Previous convictions on account transactions: Application of the Act and subordinate statutes of inquiry about criminal history and investigation reports (report on previous convictions and results of confirmation of the disposition).