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(영문) 수원지방법원 평택지원 2016.01.08 2015고단1742
사기
Text

Defendants shall be punished by imprisonment for six months.

However, it is against the Defendants for two years from the date the judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

C was the actual owner of Pyeongtaek-si DB 102 (hereinafter “the loan of this case”) and was residing in the loan of this case. Defendant B was the same as the Dong of the above C, and Defendant A was a holder of the register of the loan of this case. Defendant A was a member of the Dong of the above C, and Defendant A was a member of C without compensation.

The Defendants paid the Defendant A the lease deposit of KRW 50 million to the Defendant B, and pretended to purchase the loan of this case, provided the Defendant A with the deposit for processing as collateral, and offered the money to Defendant C to use.

Accordingly, on March 25, 2011, the Defendants stated that the “F notarial” office located in Pyeongtaek-si E, Defendant A met the victim G at the “F notarial office” office, and Defendant A falsely stated that the victim “A will pay the loan amount of KRW 50 million to B and live in the loan of this case.” Defendant B would lend KRW 25 million to B, and Defendant B would have the beneficiary “I will pay the loan amount in lieu of the deposit amount to be paid to A by the owner of the house in lieu of the deposit amount to be paid to A when the owner of the house fails to pay the loan amount.”

However, in fact, Defendant A did not have the right to refund the lease deposit amounting to KRW 50 million with respect to the loan of this case, and the Defendants did not have any particular property or income, and thus, Defendant A did not have any intent or ability to repay the lease deposit even with the above money.

The Defendants received KRW 25 million from the damaged party to the Agricultural Cooperative Account in the name of H on November 25, 2015.

As a result, the Defendants conspired to attract the victim to receive the goods.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. A copy of the contract for transfer of bonds;

1. Application of Acts and subordinate statutes to a copy of a certificate;

1. Defendants of the relevant legal provisions concerning criminal facts: Articles 347(1) and 30 of the Criminal Act

1. Selection of each sentence of imprisonment;

1. Suspension of execution;

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