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(영문) 수원지방법원 2018.07.13 2017고단3728
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 24, 2013, the Defendant made a false statement to the effect that “D” offices operated by Sungnam-si, Sungnam-si, Seoul-si, would allow the victim E to borrow KRW 15 billion in relation to the land to be purchased, but the cost would need to be changed.”

However, at the time, the Defendant had a debt of unpaid material costs, etc. with a monthly income of KRW 38 million. The Defendant had a debt of KRW 6 million in arrears with credit card payments, and was thought to use the money received from the victim for personal purposes, such as Defendant’s living expenses, etc., so there was no intention or ability to receive a loan from the victim.

The Defendant received KRW 3 million from the injured party through C as the same day’s expense. From that time to November 16, 2013, the Defendant received KRW 15 million in total on five occasions, as shown in the list of crimes in attached Table from November 16, 2013.

From July 2012, 2012, the Victim F, “2017 Highest 3920,” intended to offer as security and borrow 12 lots of land, etc. (hereinafter “the instant real estate”). However, around June 30, 201, the assessment amount of the instant real estate conducted around June 30, 201 was calculated as the assessment amount at the time of appraising the instant real estate, and it was difficult to receive again as the assessment amount to obtain a loan of KRW 1 billion, a loan desired by the victim.

around August 2012, the Defendant had a construction work on the instant real estate.

H As the victim deleted the existing appraisal content of the instant real estate in order to obtain a loan of KRW 1 billion to secure the instant real estate as collateral, and came to know that he/she seeks a person to perform such business in order to obtain a new appraisal amount of KRW 1 billion as the assessment amount, the said H had the victim complete the appraisal.

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