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(영문) 대구지방법원 서부지원 2014.02.06 2013고단848

사기

Text

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

Reasons

Punishment of the crime

On July 12, 2012, the Defendant entered into an investment contract with the victim F who became aware of the non-performing loans on three lots of land, including Gangseoyang-gun G, Gangwon-gu, and made a false statement that the Defendant would transfer the first-class collateral security to the victim the amount equivalent to the amount of the investment principal and the profit-making for the preservation of the investment principal and the profit-making profit to the victim.

However, at the time, the Defendant had no property owned by the bad credit holder, and the said non-performing loans and auction procedure had a high investment rate. The fact was that the Defendant paid the down payment and intermediate payment for the said non-performing loans with the funds received from the victim, and it was thought that the first-order pledge was established on the first-class mortgage in financial institutions by receiving the loan from the financial institution as collateral of the contract for the non-performing loans. Therefore, the Defendant did not have any intent or ability

The Defendant, by deceiving the victim, received KRW 100 million from the victim on July 12, 2012, and KRW 250 million on July 26, 2012, KRW 350,000,000 from the victim, as the Agricultural Cooperative Account in the name of E (H).

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;