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(영문) 제주지방법원 2013.07.25 2012고단669

사기등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around 14:00 on March 17, 2011, the defrauded concluded that the principal would be repaid after one month if the Defendant lent the construction materials of the Corporation that the Defendant proceeds to the victim C to purchase at the E certified judicial scrivener office located in Jeju Island.

However, in fact, at the time of borrowing money from a victim, the defendant has already borrowed money from another creditor and used the borrowed money from the victim to repay the debt of the purchase price of the above building materials. In addition, the defendant has no ability or intent to pay the borrowed money from the victim because he bears a large number of obligations such as wage payment liabilities and construction materials payment liabilities.

As above, the Defendant, by deceiving the victim as above, received 20,630,000 won from the victim, i.e., 1.5 million won as a prior interest from the victim, i.e., 1., 1.7 million won as a introduction fee, from the victim, and acquired it by deceiving the victim into the Jeju bank account (F) under the name of the Defendant, and then fraudulently acquired it by deceiving the victim on six occasions from July 24, 201, as shown in the list of crimes in the attached Table.

2. On April 201, 201, the Defendant: (a) requested the Victim H to borrow KRW 25 million, which is the representative director of G Co., Ltd. on the first round of April 201; (b) notified the Victim C of the loan amount of KRW 50 million; and (c) let the Victim C lend KRW 50 million to the Victim H; and (d) delivered the said loan amount to the Victim H, the Defendant acquired the difference of KRW 25 million.

On April 21, 2011, the Defendant: (a) at the office of I Apartment 103 G Co., Ltd. at Jeju-si, the Defendant: (b) prepared a loan certificate that does not state the same amount in the face of KRW 25 million to KRW 30 million; (c) and (d) stated the amount actually borrowed in the certificate on which the Defendant actually borrowed.” (e.g., the victim consented thereto.

Accordingly, the defendant is above.