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(영문) 서울중앙지방법원 2017.11.29 2016고단9430
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 2010, the Defendant: (a) obtained a loan of KRW 1.155 million from the Seocho-gu Seoul Metropolitan Government F apartment house 15,204 (hereinafter “the apartment of this case”) owned by the party under the husband’s name from the Young-gu mutual savings bank as security, and lent KRW 1.55 million among them to the Defendant for the business fund of G Co., Ltd. (hereinafter “G”); (b) repaid the borrowed money with the operating income of G; and (c) disposed of the Jongno-gu Seoul Metropolitan Government H housing owned by the Defendant in the Seocho-gu Seoul Metropolitan Government (hereinafter “the apartment of this case”).

“A false statement was made to the effect that it was “.”

However, even if the Defendant borrowed money from the injured party, he was planning to invest in the stock market with the borrowed money, and there was no separate revenue or property due to the bad credit standing due to tax delinquency at the time, so there was no intention or ability to repay the said money even if he borrowed the money from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received each transfer of KRW 100,000,000 on October 28, 2010 to the I Account of the Bank under the name of the Defendant’s management from the victim; and (c) on October 29, 2010, KRW 50,000 from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of the defendant in part of the protocol of interrogation of the suspect against the defendant by the prosecution (including each E part of the testimony);

1. Legal statement of witness E;

1. Statement protocol by the police for E;

1. Each investigation report (No. 31, No. 35 once a year);

1. Certified copies of each corporate registry (No. 8, No. 9 once a year), certified copies of each real estate registry (No. 11, No. 24, and No. 25 once a year), certified copies of each transfer (No. 12, No. 13, and No. 14 once a year), copies of each J-registered passbook (No. 18, No. 22 once a year a year a year a year a year a year a year a notice of auction is given, notice of notice of auction (No. 20), notice of notice of execution of auction (No. 21 times a year a year), multi-family house (No. 23 times a year a year), tracking records of financial accounts (No. 27 times a year a year a year a time a check of personal information), and virtual account basic information (No. 28).

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