logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.01.13 2016고단2841
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who has operated a real estate brokerage office in the name of “E real estate” with a certified broker D in Suwon-si, Suwon-si.

1. The Defendant around November 16, 2009 at the above real estate office, and the victim F is required to make an investment in good real estate.

The reason behind the loan of KRW 20 million was that the monthly interest will be given and that the payment will be made at the soon as possible.

However, in fact, the defendant did not have any particular property and did not have any intention or ability to repay money to the injured party even if he borrowed money from the injured party due to the lack of real estate brokerage business.

As above, the defendant deceivings the victim as above and obtained the delivery of KRW 20 million from the victim, i.e., from the victim, to the lender as the borrowed money.

2. Around July 29, 2011, the Defendant tried to make an investment in the instant real estate brokerage office with the victim’s “an adequate real estate that is the same as the stuffing day,” at the victim’s office.

The loan of KRW 20 million shall be paid in full, including KRW 20 million, within 2-4 months prior to the loan.

“A false statement” was made.

However, in fact, the Defendant was planning to use the real estate as office operating expenses, not the purchase of real estate, and there was no intention or ability to pay money from the injured party even if he borrowed money from the injured party because the real estate brokerage business was not well closed immediately.

As above, the defendant deceivings the victim as above and obtained the delivery of KRW 20 million from the victim, i.e., from the victim, to the lender as the borrowed money.

Summary of Evidence

1. Each legal statement of witness F, G, and D;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Complaint;

1. Investigation report (Attachment of a detailed statement of transaction in a Tong) and investigation report (a witness H counterpart investigation);

1. Application of each certificate of borrowing, details of account transactions, and certified copy of registry;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

arrow