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(영문) 대전지방법원 홍성지원 2012.05.23 2012고단56

사기등

Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

[2012 Godan56] On June 2007, the Defendant called the Victim C by phoneing to the Defendant on June 1, 2007, saying, “The Do Office is expected to transfer to the budget. There is a big benefit if it is purchased at the same time to purchase the orchard 20,000 square meters. The Do Council tried to assist the loan. Although the procedure for the loan for the purchase of the orchard site was almost completed, the expenses are needed for the loan. If the Defendant borrowed money with the loan under the name of the Party, the interest shall be repaid every month, and the principal shall be repaid immediately upon the receipt of the loan.”

However, the Defendant did not have a certain occupation at the time, and did not have any property particularly owned, including real estate. There was no funds to purchase an orchard amounting to KRW 1.6 billion, and even if the loan procedure was not completed, there was no intention or ability to repay the loan even if it was borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, had the victim take out a loan of KRW 68.7 million in the name of the victim from the Seosan Credit Union located in Seosan-si around July 5, 2007, and received the above KRW 68.7 million from the victim to the Agricultural Cooperative under the name of the Defendant on the same day.

[2012 Godan93] On May 2007, the Defendant stated to the victim D (hereinafter referred to as E) in a mutually unclaimed restaurant located in the Seocho-gu Sympo-si Sympo-si Sympo-si Sympo-si (hereinafter referred to as the “Sympo-si”), that “I will sell and sell the land at the time of the auction, and make a false statement that I will sell the land at the time of the investment of KRW 40 million and KRW 35 million, if I make an investment of KRW 35 million, I will sell and sell the land at the time of the investment of KRW 40 million, and then I will return the principal to December if the sale is not made, and will divide the profits by 50%.”

However, the defendant did not have any income due to the absence of a certain occupation at the time, and was paid money from the victim.