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(영문) 부산지방법원 2017.01.25 2016고단1481

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On April 2012, 2012, the Defendant recommended the victim F to lend money to the president of G (hereinafter this name H) as “I wish to send money to the victim F, I would like to send a small number of houses to the Do and Do and Do and Do and Do, I would be responsible for the payment of the money to the president of G, and to pay it three months thereafter,” and “I will also prepare a fair deed and set up a joint and several surety”. However, the Defendant told the victim to refuse to lend money to the president of G (hereinafter this name H), but the Defendant shown that “I want to send a small number of houses to this point, I would like to send a good time with the fC f-do and I will create a thickness.”

However, at the time, the Defendant did not have any special property or income, and the debt is equal to KRW 2-300 million, and only a part of the purchase price in the Yangsan Forestry map, which was shown to the victim, is not owned by the Defendant, but is not sufficient to pay the remainder. Even if the Defendant borrowed the money to the said G president, if the said G president is unable to pay the money, the Defendant did not have any intent or ability to pay the money as promised.

On the 12th of the same month, the Defendant, by deceiving the victim as such, had the victim take a loan of KRW 210 million as security, on the 12th of the same month, to transfer KRW 200,000,000,000,000,000 to an account under the name of the said G president, which is managed by the said G president,

Accordingly, the above G president had the victim receive the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J, F, and K;

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. Statement made by the police with H;

1. A statement of financial transaction confirmation, inquiry of details of loan transactions, investigation report (Submission of suspect I Trading Statement), copy of the Nonghyup LC passbook [the defendant is the defendant, the victim, and the president of G who requires funds of KRW 200 million due to default.