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(영문) 부산지방법원 2014.02.17 2013고정3590
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 21, 2009, the defendant lent 10 million won to the victim C within the Busan-dong credit union located in Seocho-gu, Busan-do to take over the building site and the building site in Busan-dong, which is owned D, and falsely concluded that he will take over the building site and the building site in question, which is the owner of D, and that he will take out the loan of 50 million won by establishing the right to collateral security.

However, even if the defendant borrowed money from the victim as a person with bad credit standing, there was no idea to use it as the acquisition fund of the building, and there was no intention or ability to repay the principal to the victim with the loan after acquiring the building.

As above, the Defendant, by deceiving the victim as above, obtained a total of 37 million won from the victim on three occasions, including: (a) a sum of KRW 10 million on the same day under the pretext of borrowing money from the victim; (b) a sum of KRW 17 million on February 3, 2010; and (c) a sum of KRW 10 million on March 5, 2010.

Summary of Evidence

1. Each legal statement of witness C and F;

1. A copy of a loan certificate or a copy of a loan certificate;

1. Application of Acts and subordinate statutes to the president of loans within the scope of regular deposits;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 32 (1) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (Unjustifiable to issue an order for compensation);

1. The main sentence of Article 186 (1) of the Criminal Procedure Act;

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