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(영문) 수원지방법원 성남지원 2014.07.15 2014고단200
사기
Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

1. On February 9, 2010, the Defendant provided the victim F with GMW735LI vehicles as security at the real estate brokerage office E real estate brokerage office of the Gangnam-gu Seoul Metropolitan Government 1st floor D and borrowed six million won.

On February 11, 2010, even though the Defendant did not intend to return the said BMF vehicle, the Defendant stated that “D, which was in custody of the said vehicle, has changed the BMW vehicle, which was placed as security, into the MF vehicle.” On the other hand, “I will return golf with a female and return it again. I will return it again.” The Defendant received the said BMF vehicle, which is the security of the victim, from D, and instead, by providing the victim with the MF520 V vehicle as security, acquired the pecuniary benefits equivalent to the difference in the value of the security.

2. On March 3, 2010, the Defendant made a false statement to the victim F at the place indicated in the preceding paragraph, stating, “The Defendant would offer the monthly rent contract to which the lessee was a lessee as additional security, and thus would lend 6 million won to the victim F.”

However, even though the lease deposit of the above monthly rent contract, which the defendant provided as additional security, was most appropriated for the overdue rent and did not have any particular value as a security, there was no intention or ability to repay it to the victim, such as hiding the fact.

As above, the Defendant deceptioned the victim and received 4 million won in cash from the victim, namely, the victim’s seat, and received 850,000 won in cash from the victim’s bank account in the H name designated by the Defendant on March 4, 2010.

Summary of Evidence

1. Defendant's legal statement;

2. Each police statement made to D or I;

3. Copy of a cash custody certificate;

4. A copy of the vehicle waiver note and the written consent for vehicle use;

5. A copy of the multi-household monthly rent contract;

6. Copy of a bankbook in the name of the complainant.

7. Application of Acts and subordinate statutes to a criminal investigation report (to hear the statements by a lessorJ under the monthly rent contract that a suspect has provided additional security to the victim);

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

2. Article 37 of the Criminal Code among concurrent crimes.

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