(영문) 수원지방법원 안양지원 2019.03.05 2018고단1638

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(영문) 수원지방법원 안양지원 2019.03.05 2018고단1638

사기

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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 17, 2017, the Defendant, at the C office of the Defendant’s management company located in Gwanak-gu in Seoul Special Metropolitan City (Seoul Special Metropolitan City) around May 17, 2017, held the victim D to use the land as business operating expenses, and to use it as a half-value apartment. The Defendant, “C shall use the land in Seoul Special Metropolitan City for the first three months, and make the investment in the entire amount of the loan, and make it necessary to make an investment in the vehicle necessary for the appraisal of the land. The vehicle needs to be made within the vehicle, with the credit of the company with the credit and the credit of the company, will use the cub-in vehicle for the business purpose in the private house and pay the full amount of the loan. In addition, when receiving the loan, the amount of KRW 7 million is more than KRW 17 million,000,000,000 for the first three months, and the remainder of the loan shall be paid KRW 300,500,000 in the name of C.

However, there was no fact that the Defendant carried out the apartment building project of the half-value value of the land, and there was no particular profit from the sales of C, and the Defendant did not have an intent or ability to pay the amount borrowed by the victim or to pay the victim the profit of KRW 4.5 million per month because he was liable for debt equivalent to KRW 100 million as a bad credit holder.

Nevertheless, on May 27, 2017, the Defendant: (a) by deceiving the victim; (b) obtained a credit loan of KRW 45,30,000 from E from the victim; (c) had the victim purchase one of the above loans of KRW 28,30,000,00 from E; and (d) received the above vehicle from the victim; and (c) obtained the said loan by transfer of KRW 7,00,000 from the above loan to the corporate bank account in the name of the Defendant.

Summary of Evidence

1..

유사 판례

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