(영문) 의정부지방법원 2015.01.20 2013고단3677

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(영문) 의정부지방법원 2015.01.20 2013고단3677

사기등

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A defendant shall be punished by imprisonment for not less than eight months.

However, 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

1. Around August 26, 2008, the Defendant stated to E in the F office operated by E in heading 503 of Jongno-gu Seoul Metropolitan Government D Building, “If the funds are insufficient in connection with H new building construction works in the Gyeonggi-gun G, if the funds are leased KRW 100 million, the Defendant would promptly receive a loan for the new building as security and repay the said loan as soon as the completion of construction.” On the other hand, E sent the horses of the Defendant to the victim I.

However, in fact, since the Family Livestock Cooperatives and J have borne the obligation of KRW 200 million respectively, and a written contract to establish a mortgage for a new building as a security for each of the above obligations was prepared and delivered to them, unless each of the above obligations is repaid to them, the mortgage for each of the above obligations was established for a new building, and thus, it was not possible to obtain additional loans as security, so even if the money was borrowed from the victim, there was no intention or ability to repay it.

As above, the Defendant deceptioned the victim and obtained KRW 100 million from the victim, i.e., the victim, and acquired it by fraud.

2. Around December 31, 2009, the Defendant requested a victim E to borrow a new building as a collateral and repay KRW 100 million to the said F office. The Defendant stated to the effect that “I would have been given a loan to the victim. I would have to install a house at a new building. I would have to lend money to the victim. I would have to pay the new building as collateral.”

However, there was no intention or ability to repay the additional money from the victim for the same reason as Paragraph 1.

As above, the Defendant deceivings the victim as above and acquired 50 million won from the victim, namely, i.e., e., the victim.

Summary of Evidence

1. The defendant's partial statement in court (a statement to the effect that he/she has borrowed money from the victim and failed to repay it at the due date);

1. Legal statement of witness E;

1. Defendant, ..

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