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(영문) 의정부지방법원 고양지원 2016.08.19 2016고단201
사기
Text

Defendants shall be punished by imprisonment for eight 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

[criminal records] On January 16, 2015, the Defendants were sentenced to a suspended sentence of two years for each of ten months of imprisonment with prison labor in order to commit fraud, and the said judgment became final and conclusive on January 24, 2015.

[Criminal facts]

1. In the process of lending the purchase price of land to H to FF, Inc., working for the victim E, who intends to purchase the land located in the Republic of Korea, the loan was made under the name of FF, a member of the Agricultural Cooperative on the ground that the additional loan was possible if the loan was made by the holder of the loan. Since H failed to repay the loan and interest, the loan was not repaid only through an auction of the above land, and the interest was not repaid, the above agricultural cooperative made seizure of the loan and apartment. As such, I raised an objection against the loan holder on the part of the above agricultural cooperative, the victim, H, etc. tried to resolve the seizure of the claim against H by either disposing of the land located in H owned by the Defendants or receiving additional loan.

2. The Defendants, on July 2012, at a restaurant where it is impossible to know the trade name in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-si, where the trade name is unknown, the Defendants would be able to obtain a loan to the victims for the land because they did not obtain a written appraisal. If the Defendants sent KRW 40 million to the Defendant, they would be able to obtain a loan within a week and pay 80 million won and KRW 40 million with the bonds attached I related to the Defendant.

“.........”

However, even if the Defendants received the above money from the injured party, they did not intend to use it for the personal purpose of Defendant A, and did not have the intent or ability to implement the agreement with the injured party.

On August 3, 2012, the Defendants were delivered KRW 40 million to the account in the name of Defendant A’s father K in terms of loan-related expenses, such as issuance of a written appraisal around August 3, 2012.

As a result, the Defendants conspired to induce the victim.

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