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(영문) 의정부지방법원 2017.08.17 2017고단1773
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On February 2, 2011, the Defendant: (a) at the victim D’s residence located in C in C in Ssung-si around 201, the Defendant borrowed the amount of KRW 200 million from the bank on the security of land and buildings owned byper; (b) would allow the Defendant to look at the leased money to be used as a good land for farming in the vicinity.

A false statement was made that “The loan was changed to B.”.

However, at the time, the Defendant was unable to pay the loan interest normally due to the lack of certain income while bearing the obligation equivalent to KRW 830 million with the real estate, etc. under the Defendant’s name as security, and was thought to be used to repay the Defendant’s existing obligation upon receiving the loan from the injured party, so even if receiving the payment from the injured party, the Defendant did not have the intent or ability to arrange for the purchase and sale of farmland.

Nevertheless, on February 24, 2011, the defendant deceivings the victim as above and caused the victim to do so, the defendant set up a collateral security right of KRW 280 million with the maximum amount of the claim amount of KRW 280 million on the F, G land and building under the name of the victim's mother E and then received KRW 190 million out of the loan amount of KRW 200 million executed as collateral.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Certified copies of register, ledger of loans, and details of transactions;

1.Payments of payment

1. Application of response statutes, such as credit information;

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, sentencing guidelines for the reasons of sentencing sentencing for imprisonment with prison labor [type determination] In general fraud [No person subject to special sentencing] [a person subject to general sentencing] [a person subject to general sentencing] increased factors: (a) use of personal trust relationship [a person subject to recommendation]: (b) use of personal trust relationship [a person subject to recommendation]: (a) year - 4 year O defendant reflects his depth; and (c) return of the degree of KRW 13 million out of the amount of damage.

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