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(영문) 서울중앙지방법원 2018.11.29 2018고단1326

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On January 12, 2018, the Defendant was sentenced to imprisonment with prison labor and six months at the Seoul Central District Court on January 12, 2018, and the judgment became final and conclusive on May 31, 2018.

[Criminal facts] The Defendant, at the coffee shop located in Songpa-gu Seoul on September 9, 2016, may receive approximately KRW 3.5 billion from a bank as security a loan to the victim C, if the Defendant only settled the obligation to delay to a corporation.

If only KRW 33 million is lent, the principal, interest, and fees shall be paid up to October 31, 2016, including the principal, interest, and fees.

If the payment is not made by the date on which the promise is made, the sale right will be transferred by new loan D in Gyeonggi-gu.

“The phrase “ was false.”

However, the facts, however, thought that the defendant would use the borrowed money from the injured party for another business, and that the defendant will transfer it.

The Korea Development Bank did not normally proceed with the loan and did not have any security value, and even if it borrowed money from the damaged party due to the absence of any other property, there was no intention or ability to pay the money.

The Defendant received from the injured party the remittance of KRW 30 million in total from the E company bank account (F) managed by the Defendant on the same day, and KRW 33 million in total from the same account on the following day.

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

Summary of Evidence

1. The defendant's partial statement (the next statement that the following facts are recognized);

1. Each legal statement of witness C and G;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A copy of each letter of renunciation, a copy of the passbook, a copy of the newly-built loan agreement, a copy of a loan certificate, a certificate of all the matters to be registered, a statement of account transaction by account, and a copy of the joint project development agreement;

1. Previous convictions: inquiries about criminal history, inquiry about summary information of the case, each judgment [the defendant borrowed money from the injured party, and tried to obtain a loan from a financial institution, and the right of sale offered as security is also exercised.