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(영문) 부산지방법원 2018.01.26 2017고합485
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant of “2017 Gohap 485” was a person who operated “E” for the construction business from September 2015 to December 2016, 2016.

On April 2016, the Defendant: (a) received a successful bid in the auction by auction for nine members, including the Victim F, etc. (hereinafter “victim”); (b) but (c) came to know of the fact that the instant land was offered an auction loan amounting to approximately three billion won at a financial institution as security due to lack of the purchase price; (d) attempted to obtain approximately KRW 3 billion from the financial institution as security for the instant land; (b) attempted to access the victims and obtain money from the victims as loan funds.

Accordingly, the Defendant at the above E office in June 2016, the Defendant told the victim F to the effect that “The Defendant would suspend all other progress to ensure that the Plaintiff would have a certain amount of any outstanding auction loan of KRW 3 billion from the Busan Bank located in Busan, and would have a personnel for the Bank employees, and would request the Bank employees to pay money necessary for loan brokerage and entertainment.”

However, in fact, the defendant thought that he will use the money received from the victims for the repayment of his liability with a debt of at least KRW 100 million, and did not have the intent or ability to get the loan from the bank by arranging the loan to the bank employees.

The Defendant received from the victims a transfer of KRW 10 million from the account in the name of the E bank (Account Number: H) on June 17, 2016, for loan brokerage and visa funds, from the victims, to the account in the name of the E, and the same year.

7.2.10 million won, per year;

7. 26.20 million won was delivered three times in total, including the receipt of each remittance by the same method.

As a result, the defendant received a total of KRW 40 million on the intermediation of matters belonging to the duties of officers and employees of financial institutions, and at the same time accused the victims by deceiving them.

The Defendant, on March 2015, J. 1, 2015, is the victim of this case, who was jointly owned by E.S. I and seven parcels of land (hereinafter “instant land”).

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