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(영문) 서울서부지방법원 2017.06.16 2016고단2430
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around December 5, 2014, the Defendant loaned KRW 50 million to the victim E with the right to sell commercial buildings in Yongsan-gu Seoul Metropolitan Government, the right to sell apartment buildings in Sungsung-si, the right to sell apartment buildings in Sungsung-dong, and KRW 50 million to the victim E. On or after December 5, 2014. On or after the loan of money, the Defendant would lend KRW 75 million to the victim E, including the interest on the money borrowed from the fees.

A false statement was made to the effect that a person who is entitled to receive the sale may receive the payment without any condition.

However, in fact, the Fransi City had already been unable to sell the apartment house in the building because it had already been set up the collateral, and the apartment house in the same coal was not the defendant participated in the sale and was not set up by the person to be sold. Therefore, even if the victim borrows money from the victim, there was no intention or ability to pay it later than two months.

The defendant deceivings the victim as above and received 50 million won as the post office account in the name of the victim under the name of the victim from the victim on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. Application of Acts and subordinate statutes regarding confirmation, certificate of seal impression, etc., payment notes, copies of passbooks, and inquiries about financial transaction details;

1. The relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, grounds for sentencing of imprisonment [the scope of recommending punishment] [the grounds for sentencing of punishment] No person who does not have a special person subject to sentencing] in the basic area (from June to January, 6) (the scope of punishment is less than KRW 100 million] [the judgment of sentencing] below, taking into account the circumstances under below, the defendant's age, sexual behavior, environment, after committing the crime, circumstances after committing the crime, etc. - The amount of money used by the defendant is KRW 30 million and the amount of money used by the defendant is KRW 5 million among the money acquired through deception, and was paid KRW 20 million among them to G and sold as sales business expenses, and approximately KRW 10 million to the victim after GIST is repaid (the amount of KRW 10 million to the victim).

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