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(영문) 청주지방법원 2016.09.13 2015고단2029

사기

Text

1. The defendant A shall be punished by imprisonment for one year;

Defendant

A shall pay 100 million won to the applicant for compensation.

Reasons

Defendant A’s crime (Defendant A’s death on October 2, 2015) committed an investment of KRW 200 million, which is necessary for the construction of Cheongju-si H land (hereinafter “H land”) at the Cheongju-si’s proposal, as a colon of G (Death).

Defendant

A was in the same business relationship with G to build the above lending together with G.

Defendant

A paid approximately KRW 40 million on behalf of the Defendant B, in order to prevent the progress of the auction to the Central Credit Union ofananananan-gu, South-gu, Dong-gu, Seoul (hereinafter referred to as “I land”) as a security right to the Defendant B’s land (hereinafter referred to as “I land”).

The victim was completely unaware of the Defendants.

Defendant

A, with G on November 2013, with the knowledge of the fact that G would receive the above loan construction investment money from the injured party, with G, and in order to prevent the said investment money from being voluntarily sold to Defendant B, A performed the obligation to the Central Credit Union of Y in order to first prevent the progress of a voluntary auction on the land owned by Defendant B, and Defendant A used to pay the money that he paid on behalf of Defendant B as above.

G As such, in accordance with the foregoing, at the Central Women's Middle School Sports Center located in the area corresponding to the Cheongju-si around that time, G made an investment in order to prevent the victim from borrowing the H land.

If the loan is sold in lots, the profit will be paid.

“A false statement” was made.

However, in fact, Defendant A and G had no intention or ability to purchase H land because they were used for Defendant B’s debt repayment, not for the purchase of land borrowed even if they received the above money.

Thus, the defendant A conspired with G to deceiving the victim, and then transferred KRW 100 million to the victim for the purchase of land borrowed from the bank account of the J, the wife of the defendant A, around November 21, 2013.

Summary of Evidence

1. Defendant A’s legal statement

1. Statement made by the prosecution against the F;

1. A protocol concerning the examination of each police officer in relation to G;

1. A joint implementation work agreement, payment note, contract letter, receipt;

1. Deposit for self-reliance;