(영문) 광주지방법원 2017.08.24 2016고단4596

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(영문) 광주지방법원 2017.08.24 2016고단4596

사기

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The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

1. On November 14, 2013, the Defendant’s lack of completion funds for the victim C to build a studio in Seo-gu, Seo-gu, Gwangju Metropolitan City at the point of office located in the Ansan-dong.

The loan of KRW 100 million shall be interest rateed by 5%, and if the completion of construction falls within one month, the bank shall pay the money in full.

“False speech was made to the effect that it was “.”

However, the Defendant borrowed money from the victim in mind of investing in the establishment of the hospital in E, rather than the studio construction completion fund, and even if at the time the Defendant borrowed money from the victim with a debt of KRW 360 million, there was no intention or ability to repay within the agreed period.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 100 million from the victim to the Agricultural Cooperative Account (F) in the name of the Defendant for the purpose of borrowing money from the victim.

2. On January 24, 2014, the Defendant made a false statement to the effect that “Although there exists any existing loan that sets up a house in the fence, the Defendant would make the said victim repay the entire house in one month with the existing loan amount of KRW 150 million with the previous loan amount of KRW 100,000,000,000, with the previous loan money received as a security, and would make a loan to the above electric source house.”

However, a certified copy of the real estate register in the Namyang-gun G, which was shown by the Defendant to the victim at the time of borrowing money from the victim, was owned by the mortgagee with the maximum amount of KRW 411,600,000,000,000, but in fact, it was not possible to set up the right to collateral security with substantial value to the victim because the maximum amount of KRW 26,000,000,000,000 was added to the above real estate on January 15, 2014, and there was no intention or ability to pay money to the victim on the date agreed by the victim on the same ground as

Nevertheless, the defendant is guilty.

유사 판례

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