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(영문) 수원지방법원 평택지원 2018.09.17 2018고단1276
사기
Text

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

Reasons

Punishment of the crime

1. On October 19, 2015, the Defendant against the victim C borrowed money from the “E” office located in Pyeongtaek-si D to obtain a loan from the victim C in the name of the legal entity from the “E” office located in Pyeongtaek-si, 2015. To obtain a loan from the victim C, the surety insurance policy needs to lend money. The acquisition of a commercial building will be only one month for receiving a loan, and the loan will be repaid immediately after receiving the loan.

“A false representation was made.”

However, even if the defendant receives money from the injured party, he did not have an intention or ability to establish a corporation or take over a commercial building according to the agreement.

As above, the Defendant: (a) by deceiving the victim; (b) delivered 10,000 won at a face value of 10,000 won at a face value of 10,000 won at a face value; and (c) delivered 15,000 won at a face value of 10,000 won at a face value; and (d) transferred KRW 3,50,000 to the agricultural bank account (H) in the name of the Defendant G for additional appraisal costs around November 2, 2015.

Accordingly, the defendant, by deceiving the victim, received the property amounting to KRW 15 million in total, and acquired it by fraud.

2. On December 2012, the Defendant made a false statement to the victim I on the part of the “K” office located in Pyeongtaek-si J of Pyeongtaek-si, stating that “The victim I borrowed 1.4 billion won for additional loans, 130 million won in terms of the appraisal cost necessary for additional loans,” to the victim I.

However, in fact, the defendant did not have the intention or ability to get a further loan to the above land owned by the victim, and even if he received money from the victim in terms of appraisal expenses, he intended to use the entire land for personal purposes.

Around December 17, 2012, the Defendant, by deceiving the victim as above, obtained the delivery of KRW 120 million to the Agricultural Cooperative Account (M) in the name of the Defendant from the victim, and acquired it by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and N;

1. A certificate of fact prepared by theO;

1. The loan certificate;

1. Account details;

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