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(영문) 인천지방법원 부천지원 2014.11.28 2014고단263
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[B] On February 2, 2012, the Defendant: (a) performed the business of selling commercial buildings in Yeongdeungpo-gu Seoul Metropolitan Government, and arranged the sales of commercial buildings to the victim C (the 84 years old); and (b) in the process, the victim C was aware that he/she lives together with his/her family members without any family members living together with his/her old family members; and (c) instead of the victim C, the victim C was in charge of the loan business for the balance payment of the commercial buildings sold by the victim C.

【Criminal Facts】

1. On February 21, 2012, the Defendant: (a) knew on February 21, 2012, the victim C entered into a sales contract with the 16th E-11th floor of the Eunpyeong-gu Seoul Metropolitan Government D building with the 95,00,000 won; (b) paid 20,000,000 won as the down payment on that day; and (c) filed an application for a loan of KRW 90,000,000 with the victim, with the victim’s community credit cooperatives in Incheon, with the knowledge that the remainder of KRW 75,00,000,000.

At that time, when the above loan is deposited to the victim C with the approval of the above loan, the defendant paid the balance of the loan by the contract for sale in lots, and the defendant would pay the interest on the above loan at the monthly income from the commercial building in which the above community credit cooperatives (Account Number E) was managed by the defendant, and kept the above community credit cooperatives under the victim C by opening the passbook of the victim C. On March 29, 2012, the defendant arbitrarily transferred the amount of KRW 15,000,000 out of the loan deposited in the above passbook to the defendant's national bank passbook (Account Number F), and embezzled by using the defendant's personal debt repayment, etc.

2. Fraud;

A. On May 21, 2012, the Defendant made a false statement to the victim C at the victim C’s house located in Seongbuk-gu Seoul Metropolitan Government G and 502 that “I think that I would purchase only one commercial building loan, and if I would have borrowed 5,00,000 won, I would have to make a full repayment.”

However, the defendant is true.

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