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(영문) 부산지방법원 2016.10.06 2016고정2819
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 20, 2009, the Defendant entered into a lease contract with C on September 20, 2009, which leases the above real estate from C to 40 million won.

On March 25, 2010, the Defendant: (a) around March 25, 2010, at “E” located in Busan High-gu, Busan High-gu; (b) stated that “E has a deposit for the lease on a deposit basis; and (c) paid 20 million won interest each month to the victim F; and (d) the principal amount was paid on or around March 25, 201; (b) prepared a pre-paid contract and a certificate of the loan; and (c) made a pre-paid contract to the victim; and (d) made a pre-paid contract with the victim who confirmed the existence of the pre-paid contract; and (c) made a pre-paid contract with the victim who confirmed the existence of the pre-paid contract, and later made a written confirmation of payment that KRW 20 million is to pay for the pre-paid deposit; and (c) concluded a lease contract with the amount of KRW 40 million in fact.

However, without any fact that the Defendant entered into the aforementioned lease contract with C, only prepared a false lease contract, etc. with the intent to obtain a loan as a security, and even if the right to collateral security, which considerably exceeds the actual value of the said real estate, was already established, there was no intention or ability to obtain a loan.

As a result, the Defendant conspired with C to deceiving the victim, thereby receiving 20 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of the police protocol of statement to F;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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