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(영문) 수원지방법원 성남지원 2013.11.15 2013고단790

사기

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 160,100,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

On June 8, 2006, the Defendant stated that, at the victim C’s residence located in Gangnam-gu Seoul Metropolitan Government D apartment 201, the Defendant would pay the victim interest on the second part of each month, “if he/she lends his/her capital with precious metal operated by him/her, he/she would be paid the interest on the second part of each month. If he/she lends money, he/she would be paid with the purchase of 1105 units 1105 units of Seoul F apartment in the name of his/her husband E or with E’s shares.”

However, the Defendant did not have a certain amount of income at the time, and the monthly income of E was approximately KRW 5 million, but the cost of living expenses and card use was continuously less than KRW 10 million every month. The above apartment house was established with a maximum market price of KRW 450 million, but the apartment was purchased with a loan of KRW 3288 million with a maximum debt amount of KRW 270 million. The above land did not have any intent or ability to repay it even if the Defendant borrowed money from the victim because it was not confirmed whether to pay compensation and the time of payment of compensation.

The Defendant, as above, by deceiving the victim as above, received a total of KRW 160,100,000 from the victim from the above date and time to July 11, 201, as shown in the list of crimes in the attached Table eight times.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A copy of each loan certificate or each loan certificate;

1. Application of statutes to a certified copy of land register, a certified copy of building register;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with Declaration of Provisional Execution;