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(영문) 청주지방법원 제천지원 2021.03.25 2020고단426

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

In July 2018, the Defendant’s “C Real Estate” located in Seocheon-si B, 2018, is insufficient to keep a large quantity of money for the Victim D to store and keep it in China.

If it is lent KRW 60 million, it is possible to set up a collateral mortgage on apartment and building and pay it after the two months.

The term "the apartment house F, in the name of the defendant, was false, and a certified copy of the register of the apartment building in the name of the defendant (Seoul E apartment F, Incheon), the land (G), and the building on the ground.

However, in fact, the Defendant did not intend to establish a right to collateral security on the above apartment and land and the above ground buildings, and rather did not intend to transfer the above land and the above ground buildings under the name of H, the father of the Defendant, and the Defendant did not have any special available property to repay the borrowed money to the victims. As such, the Defendant actually intended to repay the borrowed money to the victims up to now did not repay the borrowed money of KRW 60 million to the victims, and the Defendant lost from July 22, 2020, the Defendant did not claim the return of the borrowed money against the Defendant (No. 2020 group 175).

B. There was no capacity.

Defendant shall receive KRW 60 million,00,000,000 from the injured party on July 3, 2018 through the Agricultural Cooperative Account (Account Number: I) in the above false statement, and shall receive KRW 60,000,000 from the injured party on July 13, 2018, in total twice, including KRW 30 million on July 13, 2018.

Summary of Evidence

1. Statement made by the police on D's legal statement of the witness D;

1. Determination as to the assertion by the Defendant and the defense counsel as to the admissibility of a written complaint, such as a written complaint prepared by D, a certificate of right to registration, a detailed statement of deposit transactions, a certificate of registered matters, and a transcript investigation report in civil judgment (a witness J telephone conversations)

1. The amount of KRW 60 million received from the injured party of the claim is received as the investment money of K Maka casino money exchange business, which is the defendant's branch, and even if the above money was borrowed from the injured party, the defendant at the time.