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(영문) 인천지방법원 부천지원 2014.06.25 2014고단643

사기

Text

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

Reasons

Punishment of the crime

On May 2002, the Defendant loaned KRW 280,000,000,000 to the victim-owned E commercial building as security, and around June 2006, the Defendant used only KRW 140,000,000 among them to pay KRW 140,000,000,000 to the victim, and there still remains a lack of the marriage financing of KRW 140,000,00,000.

On April 28, 2010, the Defendant stated that, in the NH department store near the Gu LG department store in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, the Defendant incurred a loss of at least 1 billion won if he/she did not file a lawsuit due to the construction of the apartment in the nature of Gyeonggi-do. If he/she did not lend KRW 50 million as litigation costs, such as attorney’s fees, it would be difficult to repay the remainder of the loan previously extended KRW 140 million. Accordingly, it would be difficult to lend KRW 50 million as litigation costs.

However, in fact, the Defendant did not have any intent to use the money as litigation costs even if the Defendant received money from the victim because of the shortage of money for a pre-paid child at the time of marriage and the situation where other debts should be repaid, and thus there was no intention or ability to repay the money even if the Defendant did not have any specific property and there was no intention or ability to use it as litigation costs because of the excess of the debt.

The Defendant, by deceiving the victim as such, obtained the above commercial building as security from the victim, that is, the victim's possession, and obtained the loan of KRW 50 million at the Gwangju Agricultural Yangdong Branch.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A detailed statement of passbook transaction (D), a statement of passbook transaction (the name of the defendant), a annexed agricultural bank's passbook transaction statement (the name of the defendant), a copy of cashier's checks, and a annexed agricultural bank's office.