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(영문) 서울중앙지방법원 2012.06.26 2011고단7581

사기

Text

Defendants shall be punished by imprisonment for eight months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Defendant B's criminal records] Defendant B was sentenced to one year of imprisonment for fraud at the Seoul Northern District Court on February 17, 2010, and the above judgment became final and conclusive on May 27, 2010.

【Criminal Facts】

On November 13, 2008, the Defendants conspired to the effect that “The victims E (the 49-year-old) will take out a loan of KRW 2.8 billion to the Seoul Special Metropolitan City F and G site as security at the central coffee shop near the world located in Ansan-gu, Ansan-si.” The Defendants said to the effect that “the money needs to be given in advance as a result of the need for appraisal, etc.”

However, at the time, the above victim was not qualified to obtain a loan for a certain amount or more, and the victim could not obtain a loan from the bank normally, and the Defendants did not have the intent or ability to obtain a loan from the bank after going through the real estate appraisal procedure.

Nevertheless, the Defendants conspired, as seen above, by deceiving the victim as above, and obtained 200,000 won from the victim as a security expense, from May 12, 2009, and acquired 31,90,000 won in total through 10 times as shown in the separate crime list from around May 12, 2009.

Summary of Evidence

1. Defendant A’s partial statement, Defendant B’s legal statement

1. Legal statement of witness E;

1. Protocol concerning the interrogation of suspects to the Defendants;

1. Protocol concerning the suspect examination of the defendant B by the prosecution;

1. Second-time protocol concerning the examination of the suspect against the defendant A;

1. Entry of the Defendants in E in the protocol of interrogation of suspects to the prosecution;

1. Statement of each police statement of E;

1. Defendant B’s written statement

1. A complaint;

1. Previous conviction: Application of Acts and subordinate statutes to the Defendants concerning the examination of suspects;

1. Article 347 (1) of the Criminal Act and Article 30 of the Criminal Act concerning the facts constituting the crime;

1. The latter part of Article 37 of the Criminal Act and Article 39(1).