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(영문) 수원지방법원 성남지원 2017.02.03 2016고단2223

사기

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Of the facts charged in the instant case, the fraud against the victim D and E shall be acquitted.

Reasons

Punishment of the crime

"2016 Highest 2223"

1. On October 13, 2008, the criminal defendant against the victim F was transferred to the single bank account (J) account in the name of the victim, "H operated by the defendant in Sung-nam-si G building C. 3308, Sung-gu, Sung-nam-si, Seoul Special Metropolitan City," and "I would like to borrow money from the victim F.I would like to lend money from the victim F. I would like to "I would like to lend money from the victim if I would trust the real estate security documents submitted by I and lend money to I."

The loan certificate was drawn up with the false statement that the interest would be paid in lieu of the payment of money and the interest would be paid in 5%.

However, at the time of fact, the Defendant was in excess of the obligation, such as a shortage of the funds and failure to pay the construction cost due to the shortage of the funds in the housing enforcement project in the vicinity of the wife population K, and the Defendant intended to construct a house and lend the funds by obtaining a loan as a collateral, but only on the land where the said house was located, the mortgage was established with the maximum amount of KRW 1.932 million on May 16, 2008, and even if the house was constructed and borrowed, the Defendant did not have any intent or ability to pay the construction cost even if it was borrowed from the

The Defendant, who was in custody on October 14, 2008, received the above KRW 40 million from the injured party, by obtaining permission for use from the injured party, etc., and received a total of KRW 15.9 million over three times from the above day to December 13, 2010 as shown in the annexed crime list 1.

Accordingly, the defendant was given property by deceiving the victim.

2. On March 16, 2010, the criminal defendant against the victim L made a false statement that, if he/she lends money to the victim L in the office of the defendant, such as the statement in paragraph 1, he/she would transfer to the victim L the claim amounting to KRW 30 million.