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(영문) 대구지방법원 2015.04.09 2015고단854

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant shall engage in construction business.

In collusion with the defendant, the defendant, who is an insurance solicitor B, should lend money for the defendant's loan interest and debt repayment. The victim C (the age of 41) had the defendant not believe that the defendant would not be able to do so so, and the defendant borrowed money from the above victim, and decided to use the borrowed money for the defendant's loan interest and debt repayment.

1. On July 18, 2012, the Plaintiff stated that “B is engaged in the construction business of constructing a studio in Na, and if 30 million won is lent, 6% interest rate shall be paid at 2 months by opening three studio in E and 501 shall be drawn up as security,” and that “B will draw up a real estate lease agreement with respect to 501.”

However, in fact, B did not have any property, and the Defendant, as well as B, borrowed the debt amount equivalent to KRW 100 million, was registered as a co-owner with F and 1/2 equity interest, but the purchase price of loan was 240 million won, and the Defendant was purchased with a deposit deposit of KRW 140 million with a deposit of KRW 140 million with an investment rate of KRW 100 million;

7. The provisional attachment was made on November 1, 200, with 16.2 million won, and there was no property value, and the loan was used for the Defendant’s loan, interest payment, and debt repayment.

As such, the Defendant, by deceiving the victim and deducting the interest for two months from the victim, acquired 26.4 million won from the victim to the corporate bank account B.

2. A around July 31, 2012, at the same place, the victim stated that “If the funds can be settled if the funds are lent 18 million won as the studio is set up in the Youngju and only one week can be settled, the interest will be paid 1.8 million won.”

However, the fact is not a room for permanent residence, and the loan is used for the payment of the loan and the repayment of the debt of the defendant.