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(영문) 대전지방법원 천안지원 2013.05.24 2013고단4

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2012, the Defendant borrowed KRW 10 million from the victim C, which was known to the Defendant, and then received a demand for repayment from the victim who was urgently needed to pay money, and the Defendant said that “I would obtain a security loan if any real estate exists, obtain a security loan and offer a loan of KRW 10 million to the victim.”

However, from February 2012, the Defendant used money equivalent to KRW 4 million from D over several occasions, provided the land that the victim provided as security to D as security, borrowed money as security, and had no intention or ability to lend the land provided by the victim to the victim as security.

On March 14, 2012, the Defendant: (a) by deceiving the victim; (b) received a request from the victim to lend money equivalent to KRW 30,000,000,000 of the market value of the Plaintiff’s ownership as collateral on the land of Dong-gu, Chungcheongnam-gu; (c) accordingly, received documents necessary for the establishment of the right to collateral security; and (d) obtained pecuniary benefits equivalent to the said amount of collateral security by individually lending the amount of KRW 20,000,000 to D for the purpose of securing his/her obligation; and (c) obtained pecuniary benefits from D.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement to C by the police;

1. A complaint;

1. Although the Defendant asserts that there was no deception by the victim C, according to the aforementioned evidence, such as the witness D’s legal statement and the police’s statement statement as to C’s statement, the Defendant could fully recognize the fact of deceiving the said victim as if the Defendant provided real estate owned by the victim C as collateral, as stated in the facts charged, as if the Defendant provided real estate owned by the victim C

Therefore, the defendant's assertion is not accepted.

The laws and regulations;