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(영문) 서울북부지방법원 2018.12.13 2018고단954
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 May 31, 2017, the Defendant agreed with the victim C to purchase land for KRW 800 million at the mutual infinite coffee shop located in the front of the 6th calendar of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, to purchase land for KRW 400 million.

OK Savings Bank has already obtained approval for loans in order to set the above land as collateral and to obtain a loan of KRW 1.4 billion.

1.40 million won is to be loaned to the land owner, and 80 million won is to be given to the purchaser, and 140 million won is to be given to the small corporation of the purchaser.

Of the remaining KRW 500,000, KRW 250,000,000 is divided by division of internal KRW 150,000,000,000 by F and G divided into KRW 75,000,000, and KRW 100,000 is to be reduced to a person who lends KRW 20,000.

The agreement amount of KRW 10 million, appraisal cost of KRW 10 million, and KRW 10 million shall be loaned from KRW 1.4 billion which is loaned 15 days after the loan.

“Falsely speaking, the U.S. Agriculture Co., Ltd. agreed to purchase the said land in KRW 800 million from H on June 1, 2017.

However, in fact, since the owner of the above land was I, the Defendant could not obtain a loan of KRW 1.4 billion from H as collateral because he could not purchase the above land, and the Defendant did not obtain a loan from the OK Savings Bank, and even if he borrowed money from the victim, there was no intent to use the above land as the agreed amount, appraisal cost, and there was no intention or ability to pay the said amount of KRW 100 million.

The Defendant received KRW 10 million from the victim’s account (Account Number: J) in the name of the Defendant on the same day, and transferred KRW 10 million to the Agricultural Cooperative account (Account Number: 3510-8695-33593) in the name of the U.S. Agricultural Corporation.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer concerning G or F;

1. C, K, L.

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