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(영문) 인천지방법원 부천지원 2014.02.13 2013고단3370

사기

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

Although the defendant did not have experience in engaging in loan-related business, he stated to the victim D who was introduced through C as if he could make a letter of guarantee or a certificate of balance of passbook as a loan expert and received money as a contract deposit related thereto.

1. The Defendant, in the process of acquiring a building J-CITY located in 13-13 and 14 U-CITY as an alternative at the time of Jinju by public sale, had the amount of money to be deposited in the Hyundai Swiss Savings Bank increased compared to the original expected amount, and had the Defendant had the mind of deceiving himself as being able to be issued with a guarantee certificate for the remainder of the Seoul Guarantee Insurance.

Accordingly, around March 7, 2013, the Defendant made a false statement to the victim, “I will create a guarantee insurance amounting to KRW 22 billion from the Seoul Guarantee Insurance Co., Ltd., which is located in Jung-gu Seoul Metropolitan Government, along with E, from the nine-story car page of the applicant company in Jung-gu, Seoul.” The Defendant received five million won from the victim, and acquired it by fraud.

2. The Defendant, in relation to the statement of funds, was aware of the necessity of a fund list of KRW 30 billion in order to acquire an unsold apartment in Seoul, in order to acquire the unsold apartment in Seoul, the Defendant had the victim deceiving the victim as if he could create it.

Accordingly, on April 5, 2013, the Defendant: (a) made a false statement to the victim that “it is necessary to create a 30 billion won fund ticket, but it is necessary to do so in terms of the fee” at the hamburo store where the trade name in the Seocho-gu Seoul Metropolitan Government distribution Dong is unknown; and (b) received money from the victim to the post office in the name of the Defendant as the fee from the victim to the head of the Tong in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Grade D among the interrogation protocol of the defendant by the prosecution against the defendant

1. Statement by the prosecution concerning D;

1. The police of D. D.