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(영문) 부산지방법원 동부지원 2018.11.29 2018고단1564
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The Defendant, who owned B, was a broker for the sale and purchase of 4 lots of land (hereinafter “instant land”), such as Busan District captain C, etc., to D and E, and the victim F and the victim G couple attempted to obtain a loan from B by purchasing part of other parts of the instant land from B as security.

From February to May, 2011, the Defendant, at H, etc. of the Busan-gun, Busan-gun, in order to obtain a loan of the instant land as collateral, D/ E’s consent is necessary, which has some of the shares of the instant land, and will receive a written consent.

If a loan is not repaid, the written consent was written in excess of the auction.

Since D and E could difficult cause, it was false to the effect that the amount of KRW 20 million out of the loans would be used for D and E. It would be returned by adding interest to D and E upon payment of land expropriation compensation.

However, at the time of fact, the defendant thought that he would have received the above money from the victims and used it to pay the construction cost.

D. Since there was no intention to provide money to E, and there was no money from the other person to pay the construction cost, there was no ability or intention to change it.

Nevertheless, on June 13, 201, the Defendant, by deceiving the victims, received KRW 20 million from the victims to the I bank account in the name of the Defendant on June 13, 201, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each police statement concerning G and F;

1. A complaint, confirmation certificate, real estate transaction record, real estate transaction contract, registry, witness examination statement, account transaction record, investigation report (Reference Witness B telephone statement), investigation report (Reference Witness B telephone statement), investigation report (Reference Witness J telephone statement hearing), investigation report (Reference Witness J telephone statement statement) [Confirmation report of account account records by Defendant and defense counsel obtained consent from victims and borrowed KRW 20 million from victims.

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