beta
(영문) 인천지방법원 2016.06.09 2015고단4668

사기

Text

Defendant

A Imprisonment with prison labor for eight months, and for one year, each of the defendants B.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to six months of imprisonment for fraud at the Incheon District Court on November 4, 2014, and the judgment became final and conclusive on April 4, 2015, and Defendant B was sentenced to one year and six months of imprisonment with prison labor at the Incheon District Court on October 22, 2015 and the judgment became final and conclusive on the 30th of the same month.

[2] The Defendants, without any intent or ability to repay money from the victim E even if they borrow money, purchased the F apartment house in the Dopo-si in Gyeonggi-do, where the lessee is living, (27/1) 130 1204 Do 1204 Do 1330 Do 1204 Do 1204 Do 1204 Do 13300 Do 1204 Do 13300

around July 23, 2013, the Defendants conspired to lend KRW 80,000,000 to the said victim to offer the said F apartment as security at the H A certified judicial scrivener office located in Songpa-gu Seoul, Songpa-gu, Seoul. The Defendants would pay interest of KRW 2.2% per month.

By September 22, 2013, principal will be repaid.

“The phrase “ was false.”

Therefore, it was obtained from the injured party to the account of the defendant A's bank account on the same day after deducting the interest from the interest, and 7,8240,000 won by remittance.

Summary of Evidence

1. Entry of part of the defendant B in the first trial record;

1. The defendant A's partial statement in the second public trial record;

1. The statement of witness E recorded in the file for recording the witness examination in the second public trial protocol;

1. Part of a witness A’s statement recorded in the file for recording a witness examination in the second public trial record;

1. Each prosecutor's office protocol against the Defendants (including the part concerning the statement of E)

1. Each prosecutor's statement protocol concerning E and I;

1. Each police statement made to E and I;

1. A protocol concerning the examination of some police officers against Defendant B;

1. Part of the statement made by the police against Defendant B

1. A previous conviction: A written inquiry about each criminal history, a written judgment, and a written prosecution [Defendant B and the defense counsel], and Defendant B are the victim E.