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(영문) 수원지방법원 성남지원 2015.06.17 2014고단2173

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 2010, the Defendant: (a) concluded that the Defendant was the victim of Yangcheon-gu, Yangcheon-gu, Seoul, 202, 2206, the second 502 Do 2206, where the Victim D resided in the Defendant, stating that “The construction of the building was commenced in the building site of the Yancheon Factory Construction Project; and (b) the representative director of the Docheon-gu, Inc., planned to receive approximately KRW 1.80,00 of the prospective site for the removal of the building; (c) the share of the building out of the profits would be KRW 1,00,000,000,000,000,000,000,000 won out of the profits when the removal

However, the Defendant, at the time, did not have any financial condition to use the money received from the victim as personal debt repayment and living expenses, etc., and it is merely a vague plan to accept the said removal construction without any specific plan, and there was no intent or ability to repay the money even if the Defendant borrowed the above money from the victim.

Nevertheless, on October 14, 2010, the Defendant: (a) had the victim establish a collateral security on two parcels of land, such as the Plaintiff’s wife F, Incheon-gun G, H, etc.; and (b) borrowed 2.10 million won from the bond manager; (c) had the victim borrow 10 million won from the bond manager; (d) on the same day from the victim, 10,000 won from the Defendant’s account of community credit cooperatives under the name of the Defendant; (e) 73.2 million won from the Korean bank J account under the name of the Defendant; and (e) on October 15, 2010, acquired the above loan amount of KRW 85 million from the above bank account, including KRW 20,500,000,000,000 and KRW 1.68.2 million from the remainder after deducting the loan fee from the Defendant’s account.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, K and L;

1. Details of passbook transactions;

1. A letter of guarantee;

1. An agreement;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Relevant Article 347(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the grounds for sentencing of imprisonment.