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(영문) 수원지방법원 안산지원 2016.05.12 2015고단3914
사기
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. The Defendant, around March 3, 2014, planned to purchase C Apartment Co. 123-1105 in Sisi-si around March 3, 2014, and the victim D by public auction at approximately 5,00 square meters in land in Pyeongtaek-si, thereby gathering three investors, including B.

In this context, the same kind of marriage and relatives are making investment in the same time, and they have made a false statement to the effect that if they lend ten million won to the principal, they may return several times to the principal.

However, in fact, the defendant thought that he would use the money borrowed from the injured party for the purpose of living expenses, etc. while he did not have any certain occupation or property at the time, there was no intention or ability to repay the money borrowed because he had a debt of 12 million won or more.

The Defendant received KRW 3 million around March 3, 2014 and KRW 7 million around the 10th of the same month from the damaged party to the Agricultural Cooperative account in the name of the Defendant, respectively, for the purpose of borrowing money from the damaged party.

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

2. On April 7, 2014, the Defendant made a false statement to the above victim that “I would return back immediately after three months if I would lend KRW 30 million to the company because I would like to find the E company due to the lack of good financing for the E company participating in the show.”

However, in fact, the defendant thought that he would use the money borrowed from the injured party for his personal purpose such as living expenses. While there was no certain occupation or property at the time, there was no intention or ability to repay the borrowed money because he had a debt of 12 million won or more.

On April 9, 2014, the Defendant received KRW 30 million from the damaged party to the Agricultural Cooperative Account in F name designated by the Defendant on or around April 9, 2014.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. A complaint, a loan certificate, or a loan certificate;

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