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(영문) 수원지방법원 2015.04.09 2014고단6228
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On July 2013, 2013, the Defendant concluded that, “Epina” in the “Epina” of the victim D’s operation in Suwon-si, Suwon-si, Suwon-si, the Defendant: (a) there is insufficient down payment to the victim in order to purchase a hotel in Gangnam-gu with another person in the same business; (b) if the contract is concluded, the Defendant may obtain a loan of KRW 13 billion from the bank; and (c) if the Defendant borrowed KRW 34 billion from the bank to the down payment, he/she would make a full payment with interest, etc. up to October 10, 2014. In addition, the Defendant borrowed money under the name of F, thereby making it possible for the Defendant to borrow money in his/her own name, and to offer it as security.”

However, in fact, the defendant was not in the state that it was guaranteed that he received profits from the hotel business or received loans from the bank, and the defendant did not obtain the consent of the F to borrow and provide collateral. Since there was no property or certain income, the defendant did not have the intent or ability to repay the principal and interest of the victim because he did not have any intention to do so.

Nevertheless, on July 11, 2013, the Defendant, by deception, received KRW 20 million from the victim, to the bank account under the name of F, and received KRW 14 million in total, KRW 34 million from the same account on the following day.

2. Around July 11, 2013, the Defendant: (a) stated that “F and Suwon-si H building 105/302 in the debtor column” is “F and Suwon-si H building 105/302; (b) borrowed money from the victim Esatum at Suwon-si, Suwon-si, the Defendant borrowed money from the victim D; (c) without authority for the purpose of exercising the right; and (d) stated that “F and Suwon-si, the obligee column, “F and Suwon-si H building 105/302”; and (c) borrowed money from the Defendant on both 11, 2013 and 12 days; and (d) on the date of repayment, the date of repayment shall be October 10, 2013; and (e) agreed to provide F with H building 105/302, which is owned by F in borrowing the above money as collateral,” and (e) stated at the bottom.

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