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(영문) 의정부지방법원 2017.07.14 2016고단3791
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 12, 2013, the Defendant called the victim C by phone to the victim, and provided that “If the Defendant borrowed 15 million won at the registration cost of the land in good credit, he/she would immediately repay the land.”

The phrase “ makes a false statement.”

However, in fact, the defendant did not own real estate in quantity and did not have the intention or ability to use the money from the injured party as the registration cost of the defendant's real estate. The debt owed by the defendant at the time reaches the amount equivalent to 70 million won, and the credit held by the defendant has not been repaid for a long period of time, and there was little property value, and there was no intention or ability to repay the borrowed money due to the lack of property.

Nevertheless, the defendant, as mentioned above, received 15 million won from the damaged person to the corporate bank account under the name of the defendant, and acquired it by fraud.

2. On September 4, 2014, the Defendant’s phone called to the victim for “the land located in Ulsan Fuldong is not well developed and resolved by the modern industry.”

If the land is leased with a loan of KRW 20,000,000 as the expenses to obtain the loan are required by taking the land as mortgage, it will be paid immediately.

The phrase “ makes a false statement.”

However, even if the Defendant did not own the real estate in Ulsan Fuldong, he did not intend to use it as the cost of establishing a mortgage on the real estate even if he borrowed money, and there was no intention or ability to repay in light of the above Defendant’s property status.

Nevertheless, the Defendant received 20 million won from the damaged person to the corporate bank account under the name of the Defendant and acquired it by fraud.

Summary of Evidence

1. The legal statement of the witness C;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police with regard to C;

1. Application of Acts and subordinate statutes to notify all matters to be registered, a certificate of borrowing and data on financial transaction status;

1. Criminal facts;

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