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(영문) 서울남부지방법원 2013.06.20 2012고단1834
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On November 7, 2008, the Defendant made a false statement to the victim C that “When he/she borrowed KRW 200,000,000 as it is necessary to sell the land at a bank, he/she would pay the interest on the loan directly to the bank and pay the principal three months after he/she purchased the land with the above borrowed money, he/she would pay the principal after the three months.”

However, the fact is that the Defendant purchased 1,140 square meters of land D, E, and Guro-gu Seoul Metropolitan Government F, and intended to borrow 4th floor above the ground, but the Defendant failed to prepare more than 300,000,000 won including the amount borrowed from the victim out of the total site price of KRW 1,40,000,00,00, and the land located F was unable to carry out the construction project with a place where the construction permit cannot be granted due to a natural green area, so there was no intention or ability to repay the principal within three months even if the Defendant borrowed the above money from the victim.

The Defendant offered 1410,000 G apartment in the name of the victim as collateral and received 200,000,000 won deposited from the next point of the dairy Dojin-gu Daicheon-gu Daicheon-gu Daicheon-gu Daicheon-gu Daicheon-si 1903, 1903 from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Full certificate of the registered matters;

1. Details of transactions of self-reliance deposits, and copies of bankbooks;

1. Application of Acts and subordinate statutes to investigation reports (in the name of a suspect, attaching a detailed statement of account transactions);

1. The grounds for sentencing under Article 347(1) of the Criminal Act for the relevant criminal facts [Application of the sentencing guidelines]: The scope of sentencing recommended under Type 2 (not less than 100 million won but less than 500 million won) among the general fraud in 201: Imprisonment with prison labor for not less than one year to not more than 4 years - there is no corresponding factor among the special siblings.

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