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(영문) 대전지방법원 홍성지원 2013.07.10 2012고정323
사기
Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

A had arranged the loan of KRW 1.2 billion to Defendant B, and attempted to receive the fee, but did not arrange the loan, I had the intention or ability of Defendant B to conceal the intent or ability of Defendant B to pay the money to Defendant B.

On May 5, 2010, the Defendants conspired to the Fju point located in Chungcheongnam-nam Budget Group E, that Defendant B would make a false statement to the victim G, stating that “If 9 million won or more has been used for money, Defendant B would pay interest of KRW 1 million after three months, the amount of interest of KRW 1 million shall be paid at KRW 10 million,” and the Defendant A stated that “this portion is a portion having a large-scale balance of accounts at H, with the one having a large-scale balance of accounts at H, to be a guarantor in return for a false statement.”

However, at the time, Defendant B was liable for the obligations of KRW 50 million as security and apartment houses with KRW 300 million, as well as the liability for the obligations of KRW 500,000,000 as well as the interest thereon, and there was no particular income from the victim. Therefore, even if Defendant B borrowed money from the victim, it did not have the intent or ability to repay the money. Defendant A was aware of all the above circumstances.

Nevertheless, the Defendants conspired to deception the victim about Defendant B’s intent and ability to repay, and then received nine million won from Defendant B’s post office passbook (I) around May 6, 2010.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of G;

1. The loan certificate;

1. A list of transactions of free deposits;

1. A certified copy of each real estate register;

1. Statements of transactions and statements of accounts;

1. Application of Acts and subordinate statutes to detailed statements of financial transactions, inquiry, and copies of monetary statements;

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning the facts constituting an offense (the choice of imprisonment with prison labor for the accused);

1. Articles 70 and 69(2) of the Criminal Code for the Detention in Labor House (Defendants)

1. Article 334(1) of the Criminal Procedure Act (with respect to the defendants) of the provisional payment order.

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