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(영문) 광주지방법원 2013.07.26 2013고정1321

사기

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. On December 19, 2011, the Defendant concluded on December 19, 201, that “The Defendant would create a collateral security right on three parcels of land, such as the land in Hapung-gun, Hapyeong-gun, Chungcheongnam-gun, and pay off the borrowed money to the victim C, from the Songcheon-dong, Songcheon-gu, Gwangju, Gwangju, to the extent that he/she lends money to the victim C, the Defendant would create a collateral security right and would use the borrowed money for two months and pay off the borrowed money.”

However, even if the Defendant only has a stable that can raise a lawsuit at the time and purchased a lawsuit by lending money, it was necessary to raise a lawsuit for a period of more than one year and could not make profits by raising the lawsuit in a short period, and it was thought that he/she would use the money borrowed with a bad credit for the purpose of living expenses, etc., so there was no intention or ability to repay the borrowed money within two

On the same day, the Defendant, by deceiving the victim, received KRW 15 million from the said party, and acquired it by deception.

2. On January 18, 2012, at the same place as Paragraph 1, at the same time as, around January 18, 2012, the Defendant made a false statement to the victim that “I will use only two months, including, but not limited to, the money borrowed from the gold farm.”

However, at the time, the Defendant was thought to borrow money from the victim and again borrow money from the victim to E, and the Defendant could not make a profit by raising the lawsuit in a short period as promised by the victim prior to that, and there was no intention or ability to repay the borrowed money to the victim within two months on the ground that prior priority security had already been established with respect to three parcels of land, such as the Hamyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun. Therefore, the Defendant had no intention

On the same day, the Defendant, by deceiving the victim, received KRW 30 million from the said party to the said party’s agricultural bank account and acquired it by money.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police statement with respect to C.