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(영문) 서울동부지방법원 2018.02.22 2017고단3702

사기

Text

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

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

Reasons

Punishment of the crime

[Reference Facts] The Defendant became aware of the victim B while trading land around 2008.

On June 27, 2013, the victim borrowed KRW 100,000 from the defendant's punishment D around December 18, 2013 because it is necessary to secure funds while constructing a registration for the preservation of ownership in the name of the victim's wife E, the victim borrowed KRW 304, 502, 503, 504, and 604 of the above apartment C in the name of collateral.

After that, the victim repaid D around May 2014 KRW 20 million to D, and D cancelled the right to collateral security against C Apartment 503.

[Criminal facts] On September 2014, the Defendant tried to pay the victim part of D’s debt with money, as “60 million Won was prepared for the victim at a place where the Defendant was in an incurable manner.”

Having heard the word "", the victim is entitled to pay KRW 47 million to the head of the Tong F in that forum and to exempt the victim from the amount of KRW 13 million that he/she has to pay to him/her. On the other hand, he/she is entitled to pay KRW 60 million to D, and if he/she wishes later, he/she will at any time cancel the right to collateral security for C Apartment Bonds (No. 304, 504, and 604).

“A false statement was made to the effect that it was “.”

However, in fact, the defendant thought that he received money from the victim in advance for personal purposes, so even if he received 60 million won from the victim, he did not have the intention or ability to deliver the money to D and repay the debt to D and to have D cancel all of the collateral security established in the above C Apartment Co., Ltd.

As above, the Defendant: (a) by deceiving the victim; (b) transferred KRW 47 million from the victim on September 5, 2014 to the F bank account (G) in the name of the F; and (c) around that time, the Defendant got exempted from the Defendant’s liability of KRW 13 million to the Defendant’s victim; and (b) acquired the Defendant by deceiving KRW 60 million in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement B in the suspect interrogation protocol against the defendant

1. A copy of the bankbook;