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(영문) 인천지방법원 2013.10.16 2013고단1543
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 2, 2012, the Defendant: (a) around 14:00 on July 2, 2012, the Defendant: (b) sought a bank loan equivalent to KRW 600 billion in forest land 4,000,000 to the victim C in Taesung-dong, Gangnam-gu, Seoul, as security at the 305 Taesung-dong branch office of the Scarid E branch office; (c) has already received an appraisal statement of KRW 8 billion; and (d) would return money with a loan of KRW 15,00,000,000,000 as it would be urgently required for appraisal cost; and (d) would purchase the G C’s land to be sold at KRW 95,50,000,000,000,000.

However, in fact, since the defendant did not have any particular assets or funds, even if he borrowed money from the victim, the defendant did not have the ability to repay the money at once. The suspect was able to purchase 2.2 billion won forest land located in e.g. through the bank loan without any purchase fund, and there was little possibility that he would have to do so more than the actual purchase price.

The Defendant, as such, by deceiving the victim, received 15 million won from the victim through the Defendant’s new bank account on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to copies of bankbooks and investigation reports (SCRD telephone communications);

1. Although the defendant is led to the confession of the crime of this case for the reason of sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the choice of punishment for the crime of this case, in light of the fact that the defendant again committed the crime of this case even though he had a record of punishment for the same crime, and that the damage has not been recovered at all even after the considerable period of punishment expires

(However, since the defendant has expressed his intention to repay continuously, it is not legally binding).

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