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(영문) 대전지방법원 홍성지원 2019.01.08 2017고단743

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 2012, the Defendant made a false statement to the effect that “A loan broker Co., Ltd. located in Gangnam-gu Seoul Metropolitan Government,” the Defendant borrowed KRW 60 million to the agent of the victim D as security of G building H, an apartment building owned by his father in Eunpyeong-gu Seoul Metropolitan Government E, which is an apartment building owned by his father in Eunpyeong-gu, to the effect that “The above apartment is not the tenants nor the collateral is clean.”

However, in fact, from March 7, 2012, the above apartment house was occupied by the tenant I in the lease deposit amount of KRW 150 million, and there was almost no collateral value.

Around June 12, 2012, the Defendant was transferred from the victim to one bank account in the name of F in the name of the Defendant’s management, as a loan, KRW 60 million from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness K in the court;

1. Statement made to D by the police;

1. A copy of an application for a loan, a copy of the written agreement on the repayment of loan, written consent to provide security, a copy of all the registered matters, a copy of the certificate of transfer of 50 million won, a copy of the certificate of transfer of 10 million won, a copy of the certificate of inspection for the transfer household,

1. Determination on the assertion of the defendant and his/her defense counsel in the investigation report (victim's statement)

1. The gist of the assertion was that the Defendant was unaware of the fact that the person having chonsegwon transferred the money to the G building and H (hereinafter “the instant loan”) at the time of receiving the loan from the victim as collateral, and that the Defendant was unaware of the fact that the person having chonsegwon transferred the money to the said Ba, and that there was no tenant in the details of the transfer household (35 pages of the evidence record) at the time of the said loan. Therefore, there was no intention to commit

2. The following facts are acknowledged according to the evidence duly adopted and examined by this Court.

① On November 1, 2011, the Defendant purchased the loan of this case in KRW 195 million and completed the registration of transfer of ownership in the name of his/her father F on February 1, 201.

The Defendant, out of the above purchase price, shall be KRW 120 million from the L Union (hereinafter referred to as the “L Union”).