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(영문) 수원지방법원 안산지원 2018.01.12 2016고단3883
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2015, 2015, the Defendant purchased the two hundred million Won E, F, and G from the Franchi-gun's Franchi-gun's Franchi-gun's Franchi-gun.

However, since there is no land price, if the above land is loaned 200 million won as security, it will be accepted by succession of the name and loan of the above land until August 2015.

In addition, one loan fee is also necessary, and if a loan is granted, such as permission for the development of land, it is required to lend KRW 20 million among them.

Around May 4, 2015, the victim obtained a loan of KRW 200 million from the Korean Livestock Industry Cooperatives as collateral for the above land, and around the seventh day of the same month, remitted the above loan of KRW 20 million to the defendant, and on the same day, written an agreement on the above loan with the defendant, and the defendant used the above loan fee of KRW 6.9 million.

In order to consider the defects, "the loan of KRW 20 million on May 7, 2016" was borrowed, and the loan of KRW 10 million was additionally borrowed.

Of the above borrowed money, a summary statement stating that "6.9 million won shall be subtracted," was prepared and signed with the defendant respectively.

However, even if the above money was received, the defendant did not use the above money at all for the cost of permission for land development, such as surveying and requesting construction design, and used all the remaining money except for the agreed loan fee for personal use, and subsequently, the defendant did not intend to use the above money for the borrowed purpose even if he received the above money, and there was no intention or ability to repay it.

Accordingly, the defendant deceivings the victim and acquired 13.1 million won that he received from the victim as a non-use of building permit.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness H, D and I;

1. The real estate sale contract and agreement (the evidence duly adopted and examined by this Court) are acknowledged.

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