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(영문) 부산지방법원 2014.08.20 2014고단2094

사기

Text

A defendant shall be punished by imprisonment for 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

1. On October 19, 201, at around 10:00, the Defendant made a false statement to the effect that “If the Defendant purchased and sold the land located in the area of 18,688 square meters in the area of Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, and then would then pay the profits later, the Defendant would make payment later for three months.”

However, the fact that the defendant had no intention to purchase the above land with the money borrowed from the victim, and at the time the defendant did not have the intention or ability to pay for KRW 20 million within three months due to the lack of certain income due to bad credit.

The Defendant, as above, was accused of the victim and was given 20 million won from the victim’s seat.

2. At around 11:00 on November 10, 201, the Defendant made a false statement to the effect that “The Defendant would construct and sell a factory on the Gian-gun H land in Ulsan-gun, Ulsan-do, but would lend KRW 20 million to the victim D for construction costs, the Defendant would make a provisional registration of the said land, including interest, until December 30, 201, and would make a loan of KRW 30 million,000,000,000,000,000,000,000,000,000.”

However, the above H land was in a condition that it was impossible to construct a factory due to the lack of permission for the construction of a factory, and on May 3, 201, there was no specific value of collateral, such as the establishment of a collateral security right of the maximum debt amount of 910 million won, which is the mortgagee of the right to collateral security. At the time, there was no certain amount of income due to the bad credit standing, and there was no intention or ability to pay to the victim KRW 30 million until December 30, 201.

The Defendant, as above, by deceiving the victim, was given KRW 20 million from the victim who was in his seat.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of I and D statutes to the suspect interrogation protocol of the defendant to the prosecution

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;