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(영문) 춘천지방법원 2014.06.03 2014고단31
사기
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On June 12, 2009, the Defendant was sentenced to six months of imprisonment and two years of imprisonment for fraud, etc. at the Chuncheon District Court on May 20, 2010, and the execution of the sentence was terminated on June 21, 2010.

On March 21, 2012, the Defendant requested the Victim AD to lend KRW 100 million to the Rottete, which would set up a right to collateral on the land located in the crossing-gun of Gangwon-do.

On March 27, 2012, the Defendant stated in the Gangnam-gu Seoul AF Building 4 AFG office that “AF building 5 million won can be loaned to the Defendant, as the prime owner, because the manager of the part-time manager working at the May Myman shop only left the down payment in the road.” The Defendant stated that “AF building 4 AF building 5 million won can be set up as a collateral security by lending the down payment to the Defendant.”

However, the above real estate was not owned by the defendant, and the defendant did not have any right to establish the right to collateral security on the above real estate.

As above, the Defendant, by deceiving the victim, received KRW 5 million from the victim to the corporate bank account in the name of AH, a fraudulent act on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness AD;

1. A statement to the effect that, in order to take over ownership of the land held by the defendant among the witness AI's legal statement, the defendant will take over overdue interest of 30 million won in the owner's financial institution and pay additional 10 million won in the loan principal to the owner, and that the defendant did not have the right to dispose of the land above because the defendant did not satisfy such conditions, such as the creation of a collateral security;

1. Statement of the accused in the protocol of interrogation of the police officer against the accused, AE, and AJ (second time and confrontation)

1. A certificate of borrowing signed on March 21, 2012 by the defendant as a joint and several surety in the qualification of the representative president of Qu;

1. Full certificate of the matters to be registered:

1. Previous convictions in judgment: Criminal records and the Chuncheon District Court.

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