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Reasons
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(영문) 수원지방법원 2018.11.01 2018고단4683
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 August 9, 2013, when the Defendant agreed to lease D Apartment E, which is a married couple, and the victim C shared, from October 4, 2013, the Defendant: (a) provided the victims with a deposit of KRW 180 million; and (b) provided the victims with a deposit of KRW 100 million on October 4, 2013; (c) provided the F Co., Ltd. (hereinafter “F”) with a loan of KRW 142 million for the deposit refund claim; and (d) set the maximum amount of the claim KRW 170,40,000,000,000 from the F Co., Ltd. (hereinafter “F”).

On February 10, 2015, prior to the expiration of the above term of lease, the Defendant is an amount based on the loan principle No. 143,635,190 won until the time of the said FF corporation, even if the Defendant received the deposit from the victims, and the fact is based on the loan principle No. 143,635,190 won until February 9, 2015.

On the 10th day of the same month in which the defendant received the deposit, it seems that the loan principle has increased more than this, but the prosecutor does not submit evidence related thereto, so the above provision is favorable to the defendant.

2.9. Recognition of the principle of self-loan as fraud;

(including KRW 1,155,814) was false to the effect that, if the victims were to return their deposits to the victims, they would cancel the right of pledge by repaying the F’s loans to the victims, the said deposits were refunded from the victims B at the same place.

Accordingly, the defendant deceptioned the victim B, and acquired 143,635,190 won, which is a sum of the above loan principles, from the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Statement made by the police against B;

1. A certified copy of the register, an apartment lease contract, the warden and a copy of the bankbook;

1. Recording records;

1. Investigative Report (Attachment to Data submitted by F), and Data submitted by F [The Defendant is required to repay F’s loans to the money only when he received the deposit of the deposit of the deposit of the lease on a deposit basis;

It asserts that there is no fraudulent fact.

(b).

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