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(영문) 전주지방법원 2014.05.22 2013고단2380
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 1, 2006, the Defendant established a right to collateral security with the maximum debt amount of KRW 28.6 million to the Jung-do Agricultural Cooperative Co., Ltd., which was located in Jeonju-si, Jeoncheon-gu, Seoul. Around September 20, 2006, the Defendant provided a right to collateral security with the lease deposit amount of KRW 25 million from E and leased the above room to the said E. The Defendant provided a right to collateral security on a deposit basis.

On March 1, 2009, the Defendant made a false statement to the effect that “The studio was set up as the maximum debt amount, while obtaining a loan of KRW 22 million from the agricultural cooperative, the said 28.6 million from the agricultural cooperative,” and that “The Defendant would have registered the establishment of a right to lease on a deposit basis for lease on a deposit basis.” The Defendant made a false statement to the effect that “The 28.6 million won is the maximum debt amount.”

However, the Defendant did not notify the victim of the fact that the establishment of a right to lease on a deposit basis has been registered in the name of the above E, and did not have any property under his name as a bad credit holder at the time and did not have any property. Moreover, even if he was to invest in the stocks with the payment of a deposit from the victim, even if he was paid a deposit from the victim, he did not have the intent or ability to make a registration of establishment of a right to lease on a deposit basis or to return the deposit after the expiration of the period

The Defendant, by deceiving the victim, received 4 million won from the victim under the same day as the down payment, through the post office account (Account Number H) in the G under the name of G, and received 31 million won in total from the above account as the balance on the 13th day of the same month and received 35 million won in total under the pretext of the balance.

Summary of Evidence

1. Defendant's legal statement;

1. F statement of the suspect interrogation protocol of the accused by the prosecution;

1. The police statement concerning F;

1. A certified copy of the register or a real estate lease contract;

1. Application of the transaction statement of passbook and the detailed statement of each financial transaction Act and subordinate statutes;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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