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(영문) 서울서부지방법원 2017.09.26 2017고단1227
사기
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 25, 2015, the Defendant: (a) at the office of 4077 office in Yeongdeungpo-gu Seoul Metropolitan Government FF Building; (b) the victim E purchased tin acid with approximately KRW 580 billion in value, which is owned by the LAG in Gyeonggi-do LAG; and (c) the purchase cost of tin acid may be covered by loans from the bank as collateral, with the above tin acid at KRW 30 billion from the bank; (d) there is no problem that the bank receives a written consent to provide collateral from H to secure tin acid; and (e) the bank is well aware of the business team of the head office of Pasan mutual savings bank in Seocho-gu in Seoul, and (e) the lending of tin acid is well underway to receive the loans because it is well aware of the expenses of office expenses for purchase, personnel expenses for banks or political rights, expenses for appraisal of tin acid and lending the name of tin, and (e) the management right of representative director and shares will be 50% shares.

“Falsely speaking to the effect that it is “......”

However, the Defendant had already talked that it was difficult to provide loans due to the lack of appraisal in the case of tinsan, and there was no consent from the Defendant to provide collateral for the excessive HH tin. Therefore, even if the Defendant received money from the injured party for the expenses of appraisal and loan, he did not actually have the intention or ability to use it as expenses for tinsan appraisal or bank loan.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 4 million from the victim on June 3, 2015 to the Defendant’s agricultural bank account on the pretext of expenses for the purchase of tin acid on June 3, 2015; and (c) obtained a total of KRW 146,50,000 from the above day to April 12, 2016, and acquired it by deceiving the victim on nine occasions, as described in the list of crimes in the attached Table.

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Each police statement made to E and J;

1. Details of passbook transactions, copies of checks, letters, etc.;

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