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(영문) 대구지방법원 김천지원 2019.10.01 2019고단746
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

[criminal power] On November 21, 2018, the Defendant was sentenced to two years of imprisonment for the crime of occupational embezzlement in the Daegu District Court Port Branch, and the judgment became final and conclusive on February 7, 2019.

【Criminal Facts】

On May 15, 2016, the Defendant calculated the sum of KRW 1,431 square meters ( approximately 4,36 square meters) registered in the name of the victim jointly owned by the victim, and purchased KRW 300,000,000 in total at KRW 1,50,000,000,000,000 in total, from a certified judicial scrivener office operated by the Defendant on May 15, 2016, and purchased KRW 1,431 square meters ( approximately 4,36 square meters) registered in the name of the victim jointly owned by the victim, and purchased the down payment and intermediate payment KRW 150,00,000,000 from the Defendant’s loan as security, and paid the remainder by December 31, 2

However, in fact, the Defendant obtained a total of KRW 230 million from the above land as collateral and paid KRW 150 million to the victim, G, and D among them, and the remainder of KRW 80 million was thought to be used by the Defendant, but the Defendant was in excess of the obligation at the time, and there was no obvious method to directly purchase or resell the above land, and there was no intention or ability to repay the excess amount.

Around May 16, 2016, the Defendant was provided with documents necessary for the provision of the above land as collateral from the victim at the I Young-gu I branch located in Nam-gu, Nam-gu, and borrowed KRW 230 million, which exceeded the agreed amount with the victim as collateral, to the Defendant’s office staff J as the debtor, and then paid KRW 150 million among them to the victim, G, and D, and acquired the corresponding pecuniary profit equivalent to the corresponding real estate security value by personal use of KRW 80 million.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G;

1. A copy of a bankbook, a certificate of all the registered matters (F), a statement of account transactions under J's name, and a statement of account transactions under A;

1.Assigning to a credit information report and a response to investigation; and

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