(영문) 수원지방법원 여주지원 2016.04.28 2015고합34

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(영문) 수원지방법원 여주지원 2016.04.28 2015고합34

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around February 18, 2011, the Defendant provided the Defendant’s wife F G building G building in Gyeonggi-gun, Gyeonggi-do, and the 12 households (hereinafter “instant building”) as collateral at the Plaintiff’s Saemaul Community Credit Cooperatives located in Seongbuk-si, Sungnam-si (hereinafter “Seoul-si”) and obtained a loan of KRW 720 million,000,000,000,000. Of them, the Defendant was a loan of KRW 7220,000,000,000,00 credit loan (Evidence No. 444 of the evidence record). Upon the Defendant’s loan, the Defendant confirmed that “I will loan the above building as collateral because there is no debt for the construction payment due to the construction of the instant building,” and that “I will fully delegate the construction payment confirmation to the owner of the instant building under the name of the Plaintiff and the Plaintiff’s agent.” Based on this, the Defendant confirmed that “I will fully delegate the construction payment under the name of the Plaintiff’s agent.”

However, in fact, the defendant had remaining 90 million won evidence 94,241 of the construction cost which the defendant failed to pay to construction business operators such as I, etc., and the fact confirmation of this case is prepared to the effect that the defendant has fully repaid the construction cost to I who is the representative of the creditor of the construction cost, the defendant will preferentially pay the construction cost by borrowing the building of this case as security.

and was drawn up.

As above, Defendant 1 received a loan of KRW 720 million per household (hereinafter “instant loan”) from the victim on the same day (hereinafter “the instant loan”). Accordingly, the Defendant acquired property by deceiving the victim.

Summary of Evidence

1. Statement of the witness H and L in the fourth public trial record;

1. Each statement of the witness M and I in the five-time trial records;

1. Statement made by the prosecution with regard to H;

1. Summary of a video recording statement;

1. Each police officer against the defendant.

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