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(영문) 인천지방법원 2013.11.06 2013고단2862
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[criminal power] The Defendant was sentenced to five months of imprisonment with prison labor for fraud to the Seoul Western District Court on July 4, 2013, and the judgment was finalized on August 29, 2013.

【Criminal Facts】

The defendant came to know that the victim C entered into a consulting contract with F which operates financial consulting business in order to obtain a loan of the E-owned gas station in Ansan-si, with F to obtain a loan of the E-owned gas station as collateral, and he thought that the victim would receive money by setting a high appraisal price of the above gas station to the victim.

On May 201, the Defendant called F by phone to F at a place where the place is unknown, and sent F a false statement to F to the effect that “The Defendant would be able to get a loan of 2.2 billion won by undergoing a high appraisal of gas stations, and thus, would change the appraisal cost, such as street funds, to a certified public appraiser,” and F sent it to the victim.

However, even if the defendant receives appraisal fees from the victim, he/she was thought to use them as personal debt repayment, etc., and he/she did not have the intention or ability to make a high-amount loan.

The Defendant was transferred from the victim to the account in the name of the Defendant, in total, KRW 2 million around May 31, 201, and KRW 5 million around July 6, 201.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The defendant's statement on the fourth trial date in court;

1. Application of the Acts and subordinate statutes governing witness H and F’s respective statutory statements;

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. Although the judgment of the head of the judgment prior to the treatment of concurrent crimes became final and conclusive after the instant crimes were committed, the Defendant was sentenced on March 24, 2010 by the Seoul Western District Court to a suspension of the execution of imprisonment for six months for fraud, which became final and conclusive on August 10, 2010, and the judgment became final and conclusive on August 10, 2010. The instant crime was committed before the above judgment became final and conclusive, and the instant crime was committed after the above judgment became final and conclusive.

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