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(영문) 전주지방법원 정읍지원 2016.03.29 2015고단635

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal record] On January 23, 2013, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Jeonju District Court, and completed the execution of the sentence on May 28, 2013.

[Criminal facts] On March 30, 2015, the Defendant purchased the victim G’s “Y and I land owned by Sincheon-si, Sin-si, Sin-si, Sin-si, Sin-si, F. F. 101.

First of all, the establishment of the right to collateral security with the creditor of J as to the above land will lend money from J to the above land, and the prior collateral security obligation established on the above land will be paid up to April 15, 2015.

“.....”

However, in fact, the Defendant did not intend to purchase the above land, provided the above land as collateral, borrowed money from the J and did not think that it would be used for his own personal business, and did not have any other property or income. Therefore, even if the injured party offered the above land as collateral, he did not have the intent or ability to purchase the above land or to pay any balance.

Around March 30, 2015, the Defendant: (a) by deceiving the victim as above; (b) had the victim registered the establishment of the right to collateral security with the Defendant against the said land owned by the victim; (c) had the Defendant registered the establishment of the right to collateral security with the lower party, the lower party, and the maximum amount of claims KRW 468 million with respect to the said land; and (d) had the victim obtain pecuniary benefits equivalent to the said amount; and (e) caused financial damage equivalent

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor with respect to K and L;

1. Statement of the police statement related to G;

1. A complaint;

1. Investigation report (Submission of a certificate of loans borrowed by the J representative M), investigation report (verification of the details of claims against K by a suspect A), investigation report (Attachment of G phone recording data by a complainant), investigation report (verification of the loan background of the J president), investigation report (verification of the loan background of the J president), and investigation report (Confirmation of the process of transmitting the other letter messages as to K);

1. A previous conviction in judgment: