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(영문) 서울북부지방법원 2016.09.22 2016고정1617

사기

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who runs investment finance in Seoul Special Metropolitan City, Nowon-gu Btel 616.

In September 2015, the Defendant, at the office of the third floor E office of the building D, Seo-gu, Busan Metropolitan City, Seoyang-gu, Seoyang-gu, 2015, stated that “The Defendant would erase the appraisal price of the D Building 404, 405, 406, 412, and 413, and receive a loan of KRW 150 million until October 2, 2015 after receiving a new appraisal.” At the appraisal cost, the Defendant would request KRW 3 million and KRW 500,000 for fee of KRW 150,000 won.”

However, there was no intention or ability to erase the appraisal price of the Evaluation Institute, obtain new appraisal, or obtain a loan of KRW 150 million.

As such, the Defendant, by deceiving the victim on September 23, 2015, transferred KRW 1.7 million to the post office account under the name of the Defendant, and KRW 6 million in total, including KRW 4.3 million on September 25, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. The first police statement with respect to F;

1. A statement prepared by the F;

1. A complaint;

1. A copy of a bankbook and a certificate of process;

1. Investigation reports (to hear statements by witnesses G telephone conversations) and the application of Acts and subordinate statutes concerning investigation reports (or counterparts to the employees of banks implementing loans);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;