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(영문) 대구지방법원 2015.02.05 2014고단2323
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant of "2014 Highest 2323" is an insurance solicitor.

In collusion with C in construction business, the Defendant loaned money to C in order to pay the interest on loans and debt, and the victim D (the age of 41) did not believe C. Thus, the Defendant borrowed money from C to pay the interest on loans and debt.

1. On July 18, 2012, the Defendant stated “I” in the Seo-gu, Daegu-gu E indictment is an erroneous entry.

From the Defendant’s loan in the location of the Defendant, “A construction business that newly constructs a studio” said, the Defendant said that “I will make payment at the interest rate of 6% to 2 months by setting three studio located in F, and prepare a real estate lease agreement with respect to No. 501 as security,” if I lend KRW 30 million to the Defendant.

However, the facts are that the Defendant did not have any property, and the obligation was transferred to KRW 100 million, and as well as the loan was registered as a co-owner by lending the name of the Defendant in the name of G and 1/2 shares, but the purchase price of loan was 240 million won. However, the purchase price of loan was 200 million won, and C bears a deposit deposit of KRW 140 million, and purchased without any interest rate of KRW 16.2 million, and provisional attachment was made on July 11, 2012, and there was no property value, and the loan was expected to be used for payment of loan interest and debt repayment.

As such, the Defendant, by deceiving the victim as such, acquired 26,40,000 won, which was deducted from the victim’s interest for two months, by transfer from the victim to the Defendant’s corporate bank account.

2. On July 31, 2012, the Defendant stated, at the same place on July 31, 2012, that “The Defendant would give the Defendant a preference interest of KRW 18 million if he/she lends the funds to the Defendant, so that the funds can be settled if only one week elapses.”

However, the facts are that the defendant did not have room for permanent residence, and the loan is used as a loan interest and a repayment of debt.

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