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(영문) 수원지방법원 성남지원 2015.04.30 2015고단232
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2012, the Defendant: (a) paid the construction cost and paid the debt KRW 71 million to E in the name of the wife C to pay KRW 300 million; (b) a provisional attachment of KRW 71 million is made to the said land; and (c) a maximum debt amount of KRW 741 million is set up to KRW 300,000,000,000 to the amount of loans to the AFF; (d) if the Defendant lent KRW 300,000,000 to the AFF, the Defendant would settle the above senior debt with the completion of the building and repay the principal within five months; (e) first, the provisional registration is made on the land as security; and (e) on October 23, 2012, the Defendant received the claim for transfer of ownership from the victim on the above land and received KRW 250,500,000,000,000 from each of the victims on the date of completion of the building; and (e) around 2.500,0,0,0,0,00 million won.

However, at the time of borrowing money from the victim, the Defendant did not inform the victim of this fact by borrowing money from the victim in addition to the above loans of KRW 570 million and KRW 71 million to E, KRW 380 million to F, KRW 20 million to G, KRW 54 million to H, approximately KRW 247 million to J, KRW 287 million to J, KRW 95 million to K, and KRW 230 million to L, even if the Defendant was to bear a large amount of debt exceeding KRW 1.1 billion, and even if the Defendant did not borrow money from the victim after July 8, 2012 to recover the construction payment, and did not have the intent or ability to pay the money properly.

As above, the Defendant deceivings the victim and acquired 280,500,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to the complaint;

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

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