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(영문) 부산지방법원 2014.12.03 2013고단3684
사기
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 201, 201, the Defendant stated that “The owner of the land E 11 is F at the time of a stop. When purchasing the above land, the Defendant would receive KRW 500 million as collateral and pay the sale price to the victim D with the above land. The Defendant said that “The Defendant would pay KRW 200,000 as the monthly fee in the name of the party when lending the loan to the new name on behalf of the Party, and would change the name to G after three months.”

However, even if the defendant received a loan under the name of the victim, he/she did not have the intention or ability to reduce monthly fees, and there was no intention or ability to alter the name of G after three months.

피고인은 이와 같이 피해자를 기망하여 이에 속은 피해자로부터 2011. 5. 9.경 통영시에 있는 미륵도 새마을금고에서 피해자 명의로 4억 2,000만 원의, 2011. 6. 22.경 위 새마을금고에서 피해자 명의로 8,000만 원의 각 대출을 받게 하여 합계 5억 원의 재산상 이익을 취득하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. The prosecutor's office and the police's statement concerning D;

1. A protocol of suspect examination of G police officers;

1. Application of Acts and subordinate statutes to a real estate sales contract, certificate, written agreement, copy of a loan agreement, and certified real estate register;

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

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is that the defendant entered into a contract to purchase land from F without any particular financial power, provided the land as security to financial institutions, and used the land with the loan from financial institutions and did not repay the loan properly (after the auction on the above land, part of the loan was repaid, but the obligation to pay a large amount remains thereafter) and committed the crime of this case during the period of repeated offense, etc.

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