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(영문) 대전지방법원 2015.01.14 2014고단4003
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

The Defendant: (a) from October 2013 to December 11, 2013, the Defendant borrowed KRW 16,00,000,000 in total on three occasions from around December 22, 2013 to December 11, 2013, and (b) around November 22, 2013, the Defendant: (a) the victim, a comprehensive insurance designer company operated by the victim D, working as an insurance solicitor, at the said corporation E office; and (c) the victim, at the said corporation E office, he/she ought to retire from office because teaching fees fall short of the tuition fees; and (d) the Defendant, who is the Defendant’s living in the university, shall receive allowances from the victim; and (e) the Defendant, at the expense of the said corporation, borrowed KRW 16,00,000,000 in total from the victim, and (e) established the maximum debt amount with respect to the Defendant’s living in Seo-gu, Daejeon, which was owned by the Defendant as a collateral as above loan.

After that, on January 6, 2014, the Defendant: (a) stated that “the Defendant shall leave the director in an apartment building that created a collateral security; (b) if the collateral security is established, it would not be good when the collateral security is cancelled; and (c) would make the victim cancel the registration of a collateral security under the victim’s name on January 6, 2014; (b) however, even if the victim cancels the registration of a collateral security, the Defendant had the victim cancel the registration of a collateral security under the victim’s name; (c) at the time, the Defendant did not intend to receive the deposit from the victim to repay the loan to the victim; and (d) the deposit was thought to be used for the new

As above, the Defendant: (a) by deceiving the victim; (b) had the victim cancel the registration of the above-mortgage; and (c) acquired pecuniary benefits equivalent to KRW 16,00,000, which is the amount of debt.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. The details of loans;

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