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(영문) 서울중앙지방법원 2016.08.24 2016고단3593
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On June 18, 2015, the Defendant was sentenced to a suspended sentence of one year to be punished by imprisonment for fraud at Suwon District Court members, and the above judgment became final and conclusive on June 26, 2015. On March 31, 2016, the Seoul Central District Court sentenced two years of a suspended sentence to be punished by embezzlement for six months, and the above judgment became final and conclusive on April 8, 2016.

[Criminal facts]

1. On February 2014, the criminal defendant against the victim C would lend a loan to the victim C (not less than KRW 300 million) by raising the appraisal of the victim’s land E and D2 lots in the Da, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, 201.

The phrase “ makes a false statement.”

However, in fact, the defendant did not have the intention or ability to raise the appraisal of the above land or to arrange loans more than those of the financial institution during the market as security.

As such, the Defendant, by deceiving the victim as such, received cash KRW 500,000 from the victim, for the purpose of loan intermediation, and obtained KRW 700,000 from the deposit account (F) in the name of the Defendant on February 25, 2014, KRW 3,728,00,000 from the same account on March 7, 2014, and KRW 7,928,000,00 from the same account on March 10, 2014, and acquired it by fraud.

2. On February 2014, the Defendant would provide the victim G with a loan to the victim G (around the end of the 2014, the sum of the loans (200 million won or more) that may be additionally granted by a financial institution during the time of raising an appraisal on the H land of the Hacheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-do.

The phrase “ makes a false statement.”

However, in fact, the defendant did not have the intention or ability to raise the appraisal of the above land or to arrange loans more than those of the financial institution during the market as security.

The defendant deceivings the victim as such, and is cash or unsound for the purpose of arranging a loan from the damaged person.

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