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(영문) 서울중앙지방법원 2016.10.19 2016고단2692
사기
Text

Defendants shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

In fact, the Defendants conspired to acquire collateral goods as collateral from the bank and receive the loan from the bank without any intention or ability to obtain the loan. However, around July 15, 2014, the Defendants received a total of KRW 62 million as shown in the separate sheet of crime in the separate sheet of crime from August 28, 2014 by the victim F in Seoul, Jung-gu, Seoul, to purchase the forest land located in H, and to provide the forest land as collateral at the bank and to use the remainder of 3 to 400 million out of the loan as operating funds by receiving the loan from the forest owner after paying the purchase price for the loan. As such, the Defendants received the amount of KRW 2 million from the victim believed to be true for the loan-related expenses, such as appraisal expenses, etc. on July 29, 2014.

(1) The defendant's assertion that the defendant had the intent or ability to obtain a loan from the victim as collateral and that the defendant denied the criminal intent. Thus, the defendant received the above money by making the victim improve the appraisal price of the above forest by means of his voice, or make the appearance of the juristic person with credit and performance, even though he did not have any experience in making the above work loan by himself, and he did not directly proceed with the work, and he was entrusted to another person only without any clear ground for trust. In particular, the defendant received 20 million won from the victim again for the purpose of appraisal, etc., even though he knew that the above forest was actually transferred to a third party and received the above loan, considering the above circumstances, it is reasonable to view that the defendants did not have any intention or ability to obtain a loan from the victim as collateral at the time of the crime of this case).

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