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(영문) 수원지방법원 2014.06.20 2013고합715

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A shall be punished by imprisonment with prison labor for one year.

However, for two years from the date this judgment becomes final and conclusive, the above sentence against Defendant A.

Reasons

Punishment of the crime

1. Around October 2008, Defendant A made a false statement to the victim H’s wife, stating, “When Defendant A lends money to the victim’s wife as he/she is in need of money, he/she shall make a full payment two weeks thereafter, and if he/she fails to make a full payment, he/she shall change the name of the collateral security on the K forest and its ground and its ground and so on, and cause the wife of the victim to transfer his/her speech to the victim.”

However, the above M-M forest is established in the name of another creditor with priority over the maximum debt amount of 1.2 billion won, and there is no value of collateral even if it is transferred under the name of J, and even if Defendant A borrowed money from the victim, there was no intention or ability to repay the debt as promised.

Defendant

A, as such, by deceiving the victim and then deceiving the victim on October 2, 2008, A received KRW 16,5270,000 from the victim as the borrowed money, and acquired it by fraud.

2. On June 30, 2009, Defendant A issued blank notes to the victim’s wife at the victim’s home, and Defendant A made the victim’s horses transferred to the victim by falsely concluding that “N2 redevelopment cases and O redevelopment cases are late, but are well underway. Since repayment can be made after one month, Defendant A borrowed KRW 20 million.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it within the time limit which was promised.

Defendant

A, as such, by deceiving the victim and deceiving the victim, A received 20 million won as the borrowed money from the victim around that time, and acquired it by fraud.

Summary of Evidence

1. The defendant A's partial statement

1. Each legal statement of witness B and H;

1. The suspect interrogation protocol of the defendant A by the police;

1. Copy of the registered information and notice of completion of registration, copy of the attached list of real estate, copy of the whole transfer contract, claims and collateral security;