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(영문) 인천지방법원 2012.09.28 2011고단4311
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On February 25, 2011, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for breach of trust at the Seoul Central District Court on March 5, 201, and the said judgment became final and conclusive on March 5, 2011.

Since from around August 2004, the Defendant had been unable to borrow money from others as collateral because it had not been able to carry out new construction of the said D Apartment supply contract with others. From around August 2005, the Defendant borrowed KRW 415 million from E to around August 2005, the above D Apartment 402 (sale price of KRW 125 million), 502 (sale price of KRW 125 million), 702 (sale price of KRW 125 million), and 802 (sale price of KRW 125 million) had already been provided as collateral. Thus, even if the above D Apartment supply contract with another person borrowed money from another person and offered the above D Apartment supply money as collateral, the Defendant provided the above 802-2, 502, 702, and 802 (sale price of KRW 125 million) with no value to secure the borrowed money as collateral, the Defendant provided it to others as collateral.

On October 17, 2005, the Defendant loaned money to the victim G as collateral for a contract for sale in lots because of a lack of funds for the construction, at the office of real estate office F in Jung-gu, Jung-gu, Gyeonggi-si, Gyeonggi-si, Gyeonggi-do, and Gyeonggi-do, and the apartment is completed within three months and the interest is higher than the bank interest rate;

If the borrowed money is not repaid, the ownership of the D Apartment 702 shall be transferred and proposed.

"Falsely, D Apartment 702 was provided."

As such, the Defendant, by deceiving the victim, obtained KRW 30 million from the victim, that is, by defraudation, from August 25, 2005 to November 21, 2005, acquired a total of KRW 165 million on five occasions, such as the list of crimes, from August 25, 2005 to November 21, 2005.

Summary of Evidence

1. Statement of the defendant in court (as at the date of pleading 10 times);

1. Legal statement of E;

1. H. H.

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