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(영문) 청주지방법원 2016.01.28 2015고단329
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 26, 2010, the Defendant intended to sell the loan to the victim D after receiving a completion inspection at the construction site of the loan located in Jincheon-gun, Jincheon-gun on August 26, 2010. The Defendant borrowed 80 million won as the completion fund, if the completion cost is insufficient, and if it lends 80 million won as the completion fund, he will pay it within two months, and he will pay it with 4.8 million won interest interest.

The phrase “ makes a false statement.”

However, in fact, the defendant was set up a provisional attachment on the land of Bara which was newly constructed at the time, and there were many significant parts of the construction, so it was difficult to obtain permission for completion of construction, and since there were many debts related to the land of the new construction site, there was no intention or ability to repay the money borrowed to the victim by selling the Ba within two months after obtaining permission for completion of construction.

As such, the Defendant, by deceiving the victim on August 27, 2010, received money of KRW 45,200,000 from the account in the name of Han Bank on the same day, and acquired money of KRW 30,000,000 to the Agricultural Cooperative Account in the name of F on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to a certificate of borrowing, a detailed statement of transactions, a written application for completion, a written confirmation of application for completion, a notification of request for correction and supplementation due to vicarious performance of duties, withdrawal sources, full certificate of registered matters, dividend table, land and certified copy of a

1. The facts of the Defendant’s conviction under Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts are recognized as having set up a right to collateral security on August 27, 2010 with respect to six buildings of this case (hereinafter “real estate”) in order to secure the Defendant’s obligation to borrow money from the victim.

However, in the following circumstances, the registration of preservation of ownership in the name of the defendant with respect to the real estate of this case was made on November 13, 2009 upon a request for the registration of provisional seizure, and the approval for use was obtained.

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