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(영문) 청주지방법원 충주지원 2021.02.19 2020고단473
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 28, 2018, the Defendant entered the issue of raising funds for new construction works of Dag-Ba, C, and three lots of land, the Victim B and the Victim B were in progress, and the Defendant was able to provide the Victim “D” as a joint security against the Defendant’s non-party E and six lots of land, the Hah-si, the Hah-si, the Hah-si, the Hah-si.

section 3.

B. It would be possible to receive joint security from D by paying to D as the down payment for the provision of security, if it is a KRW 50 million to B.

“A false representation was made.”

However, even if the defendant receives money from the injured party, he paid 12 million won to D, and the remaining money was only thought to consume it for personal purposes such as living expenses, and there was no intention to use it for all the cost of securing common security as notified to the injured party.

On October 29, 2018, the Defendant, by deceiving the victim as above, received 40 million won from the victim to the G account (H) in the name of F as a down payment for the joint collateral purchase on October 29, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the accused in relation to the F of the interrogation of the suspect;

1. Statement made by the prosecutor with respect to B;

1. Provision of security and pledge, confirmation of the results of transfer, and details of account transactions;

1. Investigation report (report on confirmation of real estate, etc. subject to provision of security), entire matters to be registered, such as a certificate, etc. of business operator's registration, inquiry into the state of business registration, full certificate of matters to be registered, investigation report (attached to a certificate for all matters to be registered in C and three parcels);

1. Application of the provisions of Part I of the Act and subordinate statutes to a criminal investigation report (security provider D telephone conversations), investigative report (to listen to the statement of witness I), investigation report (to listen to the statement of a person in charge of the J bank loan), investigation report (to listen to the statement of a witness D telephone), investigation report (to attach a suspect A credit information inquiry document), credit information inquiry report (A);

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act, which provide for the sentencing of a sentence, are applicable to the crime.

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