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(영문) 창원지방법원 거창지원 2017.01.11 2016고단408
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 2012, the Defendant submitted a real estate transaction agreement stating that the Defendant applied for a real estate security loan on the condition that the Plaintiff, an employee in charge of the loan business, who is a victim Gyeongsan Agricultural Cooperatives located in Busan Metropolitan City, would offer the real estate located in the Sinsan-gun E, F, G, H, I, I, and J as collateral, purchased the said land at KRW 600,000,000.

However, in fact, the Defendant purchased the above real estate in total amount of KRW 305,000,000, and prepared a false real estate transaction contract with the effect that he purchased the above real estate in excess of the loan amount of KRW 600,000,000, and submitted it to D as an employee in charge of lending funds of the victim union.

Ultimately, the Defendant, by deceiving the victim by the above method, obtained a loan of KRW 315,00,000 from the victim on September 21, 2012 from the victim and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to K, L, or D;

1. Application of Acts and subordinate statutes to counseling on loans, applications, agreements on loan transactions, contracts for real estate transactions (determined to 600 million won in the purchase price), and written confirmation of loan transactions;

1. Relevant Article 347 (1) of the Criminal Act concerning the crime and Article 347 (1) of the Criminal Act (the choice of imprisonment shall be chosen instead of fine, taking into consideration the fact that the amount of punishment obtained by deception is not much much, and that the amount of punishment received by the same criminal record is three times);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act shall be taken into consideration that the victim is deemed to have borrowed some of the amount even

1. The community service order under Article 62-2 of the Criminal Act;

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