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(영문) 서울중앙지방법원 2015.04.03 2014고단10136
사기
Text

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

Reasons

Punishment of the crime

Of June 2014, the Defendant stated that “I” offices located in the fifth floor of the Seocho-gu Seoul Metropolitan Government H building in Seocho-gu, Seocho-gu, Seoul, had no intention or ability to grant a loan to the victim J., the Defendant stated that “I will execute the relevant development fund of KRW 20 billion, which he/she had attempted to execute in connection with the Seosan K Golf course, if deemed valuable, with the intention of doing so within lick,” and on July 2, 2014, the Defendant executed the loan amount of KRW 18 billion to the victim by July 15, 2014.

“After preparing and delivering a written performance agreement,” the victim acquired a bill of check from the victim and acquired the bill of check from the victim in the face value amount of KRW 30,000,000.

On April 2012, 2012, the Defendant stated that “In the office of the victim M in the tenth floor of the building located in Gangnam-gu Seoul Metropolitan City L, the Defendant changed the amount of KRW 50 million to the initial cost of the design to arrange the loan against the land, at the time of the purchase by introducing the victim so that it can purchase the forest located in the stopland located in the stopland located in Gangnam-gu, Chungcheongnam-gu, Seoul, and at the same time at the time of the purchase.”

However, in fact, if the defendant received money as above, he tried to use it for personal purposes such as repayment of existing debts, etc., and did not think that it was used as the above expense, and not only introduced it to the victim for purchase of forest land or received the purchased forest land as security.

Nevertheless, the Defendant, as above, by deceiving the victim, received KRW 40 million from the victim for initial expenses related to the purchase of land and the secured loan.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the suspect of the N;

1. Each police statement made to J, M andO;

1. Application of a performance agreement and each statute;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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