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(영문) 서울동부지방법원 2018.05.31 2017고단3877
사기
Text

Defendants shall be punished by imprisonment for six months.

However, the execution of each of the above penalties for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 2016, Defendants conspired to acquire money by means of deceptioning that they would pay high interest rate in a short period of time through a loan secured by the real estate purchased as the first patrolman.

On September 12, 2016, the Defendants purchased the real estate located in the so-called "the real estate located in the so-called Si was purchased" from Defendant C's office located in Dongdaemun-gu Seoul Metropolitan Government, and offered it as security to G unions located in Gyeonggi-do.

The current state of the application for a loan to a bank is already set up, and the examination of a loan has been completed.

The loan of KRW 20 million is required before the loan, and the loan of KRW 20 million will be paid at KRW 25 million including interest after the end of the delay.

“A false representation was made.”

However, in fact, the Defendants did not purchase the above real estate, and did not request the loan as collateral, and there was no certain revenue and property, and there was no idea that the above loan was used for personal purposes, such as card value, so even if they borrowed money from the injured party, there was no intention or ability to repay the principal and interest of five million won per week.

Nevertheless, the Defendants conspired and acquired 20 million won from the damaged person to the post office account (H) in the name of the Defendant.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of witness F and E;

1. The statement made by each police officer to F (including E in the second protocol), and I to I;

1. A president of the F;

1. E statements;

1. Loan certificates, liquidity transaction statement, transaction statement, and inquiry note about the details of financial transactions;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (The following factors are considered in favor of the Defendants among the reasons for sentencing)

1. The protection observation and the community service order under Article 62-2 of the Criminal Code are the defendants and defense counsel.

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