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(영문) 수원지방법원 안산지원 2014.02.06 2012고단2456

사기

Text

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

Reasons

Punishment of the crime

The Defendant, who is engaged in loan brokerage business under the mutual name, such as “(D)D”, “(E)E”, and “BF,” etc., in the commercial site located in the north-gu Seoul Metropolitan City, Busan Metropolitan City, on January 4, 2011, was the victim H who wishes to purchase the above commercial site and obtain a loan as a security, and then wishes to purchase the above commercial site and receive a loan from the I Bank, but the amount of KRW 2 billion to KRW 3 billion may be received. In order to do so, the appraisal costs and expenses of the above land shall be required.” The Defendant received an appraisal of the above commercial building from the victim using the above money, and received a request for the loan from the I Bank to the (B) E account at the same location. However, the appraisal of the commercial site was too low, and the said I Bank was finally notified from the lender in charge of the foregoing I Bank on March 7, 2011.

Nevertheless, around March 8, 2011, the Defendant continued to provide loans in the above B building C, and made false statements to the effect that “Additional Expenses are needed” to the victim, and accordingly, the Defendant was additionally transferred 2 million won from the victim to the J’s account. On March 14, 2011, the Defendant was issued 24 million won in cash from the victim by deceiving the victim in the same manner in the Yongsan-dong B building B building C in the same manner at the Yongsan-dong, Yongsan-gu, Gwangju Metropolitan City, Seoul Metropolitan City, and was issued 24 million won in cash from the victim.

Accordingly, the defendant deceivings the victim and took it over by receiving a total of 26 million won from the victim twice in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Examination protocol of the accused by prosecution;

1. The police statement of H;

1. Details of deposits, details of transactions of passbooks, recording records, confirmation notes, receipts, details of passbooks, investigation reports (K telephone conversations for reference) and investigation reports;

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc., references to dispositions, dispositions, dispositions, and reporting results;

1. Criminal facts;