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The crime of section 2-A of the judgment of the defendant shall be punished by imprisonment with prison labor for 4 months, and paragraphs 1, 2-b, 3 and 4 of the judgment.
Reasons
Punishment of the crime
On March 22, 2013, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution, and the judgment became final and conclusive on March 30, 2013.
"2017 Highest 1130"
1. On December 1, 2014, the criminal defendant against the victim C obtained a loan from the victim C as collateral at a place not exceeding Seoul Special Metropolitan City (hereinafter referred to as “Seoul”) where the victim’s location is unknown, and the victim C received a request for a real estate mortgage loan by the victim C to obtain a loan of eight billion won as collateral, and the victim received 4.5 million won from the same day for appraisal expenses, and continued to receive five million won as the victim prepared from D around March 4, 2015.
However, even if the defendant received money from the injured party through D from appraisal, he did not have any intention or ability to use it as appraisal fees necessary for the loan of real estate or to actually purchase the loan.
Accordingly, the defendant deceivingd the victim and D and acquired 9.5 million won.
"2017 Highest 1173"
2. Fraud;
A. On August 17, 2012, the Defendant against the victim E was from the head of a G bank branch in a coffee shop where the trade name in Songpa-gu Seoul Metropolitan Government Ssongdong cannot be known.
It shall be agreed to obtain a loan of at least 6 billion won as security for the entire parcel, other than the F in Sung-si.
Among them, it is intended to allow the lending of 500 million won to be used by the party.
A false statement stating that “A fee of KRW 13 million shall be changed” was transferred to H bank account in the name of the defendant, as a fee, from the victim on July 23, 2012; KRW 1 million around August 17, 2012; KRW 4 million around August 21, 2012; KRW 5 million around November 21, 2012; and KRW 13 million in total, including KRW 5 million around November 21, 2012, to the H bank account in the name of the defendant.
However, the defendant did not have any intention or ability to lend 500 million won even if he was from the head of G bank branch or was not in a position to influence employees of financial institutions.
As a result, the Defendant, by deceiving the victim, acquired 13 million won.
(b)with respect to victim I;