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(영문) 전주지방법원 2018.08.24 2017고단1148
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 19, 2017, the Defendant was sentenced to a suspended sentence of three years on May 27, 2017, for a crime of fraud and a crime of violation of defense law at the Jeonju District Court, and the judgment was finalized on May 27, 2017.

On May 2, 2016, the Defendant: (a) around 16:00 on May 2, 2016, the Defendant: (b) around 16:00, at C Prior D convenience points in Seojin-gu, Seoul; (c) from the victim E, “I wish to obtain a bank loan on the land owned by a private person as a security while constructing an officetel at Ysan-si; (d) I want to obtain a loan exceeding the value of real estate by increasing the appraisal price; and (e) I want to hear the words “I want to obtain a loan exceeding the value of real estate”; (c) I would have to obtain a loan from the bank by raising the appraisal price; (d) I would have to have a total of KRW 20 million at the cost of giving an appraisal fee and the work cost to the head of the branch office of the appraisal and assessment corporation; but (e) “I would have changed the first transaction fee of KRW 10 million; and (e) was remitted from the victim to the above post office account under the name of G around May 13, 2016.

However, the defendant did not have the ability to get a loan because of the increase in the appraisal value of the above land, and used the above money for the defendant's living expenses, entertainment expenses and debt repayment instead of using it in the appraisal fee.

Accordingly, the defendant deceivings the victim, thereby deceiving 10 million won.

On May 2016, 2016, the Defendant stated that “In relation to the case where the injured party filed a claim for a gold collection against K Co., Ltd. to the Jeonju District Court and received a favorable judgment, the Defendant: (a) identified the property of K Co., Ltd.; (b) grasping the property status, construction sites, etc. of K Co., Ltd. through a credit information company with his own knowledge, five million won at its expense.”

However, the defendant is willing or ability to confirm the condition of K's re-ks, etc. through a credit information company.

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