(영문) 수원지방법원 안양지원 2015.10.28 2014고단2006

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(영문) 수원지방법원 안양지원 2015.10.28 2014고단2006

사기

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

Reasons

Punishment of the crime

On April 209, the Defendant: (a) around 200 million won, on the land and building on five parcels, both C and C (the appraisal was 200,326,320 won); and (b) around 2.4 billion won (the claimed amount at the time of auction: approximately 1.94,4 million won) of the maximum debt amount (the claim amount at the time of auction: about 1.94,4 million won) of the No. 1809 (the appraisal was 600 million won) of the D building during the period when the Plaintiff was aware of the name B; (c) the maximum debt amount equivalent to 50 million won of the maximum debt amount (the claim amount at the time of auction: about 4.45 billion won) of the D building, which was the creditor, and the right to collateral security equivalent to 200 million won of the maximum debt amount, which was set up against the creditor; and (d) there was no intention or ability to repay the money from the victim F.

1. On April 15, 2009, the defendant committed the crime at the "G" restaurant operated by the defendant on April 15, 2009, and the facts are false statement that "if the defendant borrowed 120 million won from the above victim even though he did not have the intent or ability to repay the money, he shall pay the interest in 3 million won every 15th day of each month, and he shall repay the principal after three months." The defendant received 120 million won from the above victim on the same day.

2. On May 15, 2009, the Defendant, on or around May 15, 2009, issued a false statement to the above victim stating that “If the Defendant borrowed money from the above victim but did not have any intent or ability to repay it, he/she shall repay the money to the above victim at once up to KRW 120 million,000,000,000,000,0000,000,000 won per month.” The Defendant received KRW 90,000,000 from the above victim on the same day.

Summary of Evidence

1. Part of each police interrogation protocol against the defendant

1. The police statement concerning F;

1. A certified copy of each notarial deed;

1. Each investigation report shall be in the currency of the creditor.

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