beta
(영문) 의정부지방법원 고양지원 2013.12.12 2013고정1667

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 10, 2010, the Defendant was sentenced to six months of imprisonment for a crime of fraud in the Goyang Branch of the District Court, which became final and conclusive on April 23, 2010.

In collusion with B, C, D, and E on August 11, 2009, the Defendant made a false statement to the victim G in Bupyeong-gu, Incheon, that “The appraised price of real estate on the first to fourth floor of the Seo-gu, Incheon, Seo-gu, Incheon, would be less than 1.3 billion won, but it would be able to obtain a bank right loan by receiving a higher appraisal price than 2.3 billion won.”

However, in fact, the defendant et al. merely thought that they will be provided with a private appraisal report that did not obtain the credibility of the financial institution, and there was no intention or ability to provide a certified appraisal report that does not amount to 2.3 billion won for a financial institution to loan.

Nevertheless, the defendant, etc. received C as a check on August 12, 2009 from the victim who was in the end of the above false statement; around September 4, 2009, KRW 200,000 won was transferred to B in the account; on September 14, 2009, he received E checks and cash; and the defendant acquired KRW 3 million in cash and acquired KRW 54,2 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Protocol of the police statement concerning G;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Article 347(1) and Article 30 of the Criminal Act concerning the crime, the selection of fines, and the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;