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(영문) 서울남부지방법원 2019.01.23 2018고단5651

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who operated B Co., Ltd. which is an agricultural company. The Defendant: (a) did not purchase KRW 1.8 billion from the owner D; (b) did not obtain a loan of KRW 1.2 billion from the bank using the said land; and (c) did not have the intent or ability to obtain a loan of KRW 1.2 billion from others as a security; (d) on September 27, 2017, the Defendant displayed a forged sales contract (sale price of KRW 1.8 billion) and an appraisal report on the said land to the victim G; (b) purchased the said land at KRW 1.8 billion from the owner of the said land as security and obtained approval from the bank to obtain a loan of KRW 1.2 billion from the bank; and (b) thus, (c) obtained a loan of KRW 1.1 billion from the bank in arrears to receive a loan of KRW 5 billion from the bank; and (d) obtained a loan of KRW 1.2 billion from the victim’s bank in the name of Gwangju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Application of each investigation report (to make telephone conversations with D), investigation report (to submit a copy of a sales contract concluded with D for reference), investigation report (to submit a copy of an intermediate payment receipt), investigation report (to submit a copy of a sales contract and an intermediate payment receipt submitted by A by A), investigation report (to submit a recording file in which DI, etc.) (to submit a recording file in which DI, etc.), and Acts and subordinate statutes governing

1. The provision applicable to the crime, Article 347(1) of the Criminal Act regarding the choice of punishment, the fact that there is no criminal record other than that of the defendant for the reason of sentencing the sentence of imprisonment choice on two occasions, the fact that the defendant has led to the confession of the defendant, the fact that the sum of KRW 23.6 million is paid to the victim, including the sum of KRW 10 million under the pretext of principal, KRW 13.6 million under the pretext of interest, and the fact that the amount of