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(영문) 춘천지방법원 원주지원 2018.04.05 2017고단808
사기
Text

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

Reasons

Punishment of the crime

1. On July 2010, the Defendant’s fraud was made in around 2010, in the “Seoul Daegu Agricultural Cooperatives,” located in 160, Daegu Northern-ro, Daegu-dong, Daegu-gu, 2010, and even if the Defendant opened a passbook (hereinafter “the passbook”) and used the loan, the Defendant did not have the intent or ability to repay the loan. However, it is necessary to make an additional loan in order to dispose of or dispose of the instant real estate (hereinafter “the instant real estate”) against the victim C.

Along on July 8, 2010, the above agricultural cooperative made a Maspbook to the effect that it would not cause any damage by making a timely payment after using the passbook, upon receiving money necessary for repayment of the existing loan and delayed interest, from the said agricultural cooperative, and then, it made a Maspbook with the limit of KRW 30 million from the above agricultural cooperative around July 8, 2010 to deliver it to the defendant. In short, the said agricultural cooperative acquired the 29 million in the name of additional loan from the injured party.

2. On February 18, 2011, the Defendant made a false statement to the effect that “Around February 2011, the Defendant did not have the intent or ability to repay the borrowed amount in a reinforcement apartment located in Innju-Eup/Myeon, the Defendant: (a) obtained a loan of KRW 30 million with the instant real estate as security; (b) obtained the loan of KRW 40 million in the name of Cho Dong-dong after January; and (c) paid the said KRW 30 million with interest on KRW 90 million previously borrowed; and (d) obtained the payment of KRW 10 million with interest on KRW 90 million from the previous loan; and (e) subsequently, on February 18, 2011, the Defendant acquired the instant real estate from the victim as security; and (e) obtained the said KRW 258 million from the F. Korea.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol of examination of the suspect against each part of the defendant by the prosecution (including the whole part of the interrogation);

1. Statement by each prosecutor with respect to C;

1. All certificates of registration of the building, copies of the loan certificate, and each of them;

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