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(영문) 인천지방법원 2017.09.08 2017고단3146
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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, with C, D, and E, obtained money by means of a false lease contract with C, D, and E, and D have the role of forging documents such as a real estate transaction contract and a real estate lease contract necessary for committing the crime, and the Defendant has the role of borrowing money from the victim F, and E has the wind side of the victim.

According to the division of roles, the Defendant displayed the real estate transaction agreement and the real estate lease agreement with respect to H 401 of Dobong-gu Seoul Metropolitan Government, which was falsely drawn up by C and D on the 15th floor of the Jongno-gu Seoul Building G G in July 2015, the Defendant used to purchase the loan equivalent to KRW 160,000,000. The intermediate payment is insufficient, the amount of KRW 70,000,000 deposit of KRW 30,000 and KRW 1,000,000 monthly from the name of H 401, which is located in the name of the Republic of Korea. The Defendant borrowed KRW 70,000,000,000 as collateral, and the inside of the Republic of Korea is going to provide clothes in Dong-gu as well as KRW 70,000,000.

“Falsely speaking,” and E, in order to verify the clothes of the Defendant’s operation, the victim of the defect “ shall be identified.”

“The wind,” such as “,” has been winded.

However, in fact, the Defendant was not the owner of the H 401, and the above H had taken account of the deposit of KRW 160,000,000,000,000, and the Defendant did not carry out clothes funeral in the East capital, and the Defendant did not have any intent or ability to repay the money from the victim, even if he borrowed money from the victim.

Nevertheless, the Defendant, in collusion with C, etc., by deceiving the victim, and by deceiving the victim from the victim on July 24, 2015, received money of KRW 70 million from the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A letter of authorization drawn up by a case and D to a complainant;

1. A passbook;

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