(영문) 춘천지방법원 2019.01.17 2018고단514

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(영문) 춘천지방법원 2019.01.17 2018고단514

사기

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 18, 2015, the Defendant was sentenced to three years of imprisonment with prison labor for the preparation of qualification documents at the Chuncheon District Court, and the judgment became final and conclusive on August 30, 2016.

1. On March 17, 2015, the Defendant prepared and submitted a loan transaction agreement to the effect that the Defendant would make a collateral security and superficies on the land in the name of the Defendant at the time of lending KRW 40 million to the employees of the Victim C Association, which is the victim in Chuncheon-si, and that the Defendant would make reimbursement on March 20, 2020.

However, the above land is registered as the owner, but the defendant et al. prepared a temporary general meeting and resolution to sell the above land to the defendant by gathering the qualification of the representative of the clan E, the former owner, and completed the registration of ownership transfer. The defendant was in a situation where the victim was unable to exercise the right to collateral security and superficies normally due to the lack of authority to do so, and even if the defendant borrowed money from the victim because there was no certain income or particular property, there was no intention or ability

On March 20, 2015, the Defendant, by deceiving the victim as such, received KRW 40 million from the victim under the pretext of the loan.

2. On June 17, 2015, the Defendant prepared and submitted a loan transaction agreement to the effect that, in order to grant a loan of KRW 50 million to an employee of the Victim C Association, whose name is not known, the Defendant would set up a collateral security right and superficies on the land in the name of the Defendant, and that the Defendant would pay the loan on June 19, 2020.

On June 19, 2015, the Defendant, by deceiving the victim as such, received KRW 50 million from the victim under the pretext of the loan.

Summary of Evidence

1. A protocol concerning the examination of partially the defendant's prosecution;

1. A witness G and H’s legal statement;

1. Statement of police statement to G, I, and J.

유사 판례

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