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(영문) 서울중앙지방법원 2017.11.29 2017고정1711
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, iced a large amount of loans with C and conspired to use them in installments. On September 17, 2013, the Defendant may grant a loan of KRW 20 billion to the Plaintiff F and H apartment construction project in relation to the E office located in the Daegu Suwon-gu, Daegu-gu, Seoul-gu, Seoul-gu, with the victim F and G in relation to the H apartment construction project.

20 billion won was stated to the effect that "in order to catch 20 billion won, 20 million won is required."

However, the defendant and C did not have any intention or ability to arrange the loan to the victims as in the above agreement because they did not receive the loan fee from the victims and thought to use it arbitrarily.

In collusion with C, the Defendant received 20 million won as a loan fee from the victims to the new bank account of C on the same day by deceiving them as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Each complaint;

1. Application of Acts and subordinate statutes on the certificate of deposit of bankbooks and details of transfer;

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and Articles 347 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;

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