(영문) 수원지방법원 안산지원 2015.05.13 2014고단338 (1)

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(영문) 수원지방법원 안산지원 2015.05.13 2014고단338 (1)

사기등

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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

1. On April 19, 2013, the Defendant and B entered into an agreement with the victim E and the victim “The Defendant and B, who jointly committed the crime (as separate judgment on September 19, 2014) entered into an agreement between the Defendant and the Defendant and the Defendant that “The Defendant shall introduce the victim with a 10% interest rate to borrow money from the victim, and the victim shall pay a half of the interest rate to the Defendant and B, if the victim would receive the principal and interest on behalf of the victim, in lieu of the victim, from the time when the victim transferred KRW 1,500,000 to the debtor F on April 18, 2013.”

5. up to 14. A total of 35,040,000 won was lent to 17 debtors, as shown in the annexed list of crimes.

The defendant and B shall be from April 18, 2013 to the same year.

7. From the above debtors up to 30.30, the sum of 13,490,000 won was collected from the above debtors and was stored for the victim, and around that time, the above amount was consumed for personal use, such as travel expenses, etc. in the vicinity of the Gyeonggi-si.

Accordingly, the defendant embezzled the victim's property in collusion with B.

2. Around May 2013, the Defendant’s sole criminal defendant made a phone call to the victim E at an irregular place and made a false statement to the effect that “35,000,000 won is to be lent to the victim-friendly G to set up a security right on the benz car. It is an intention to establish a security right immediately because the Defendant already received the registration certificate of the benz car and the owner’s certificate of the G seal impression.”

However, even if the defendant did not receive a registration certificate and a certificate of personal seal from G and the victim borrowed KRW 35,00,000 to G, the defendant did not have an intention or ability to set up a security right on the benz motor vehicle.

On May 6, 2013, the Defendant received 35,000,000 won from the victim to the bank account under H’s name as a loan.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Examination protocol of the accused by the prosecution (including the substitute part);

1. The police of E.

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