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(영문) 창원지방법원 거창지원 2018.02.02 2017고단113
사기
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the fraud as to C is acquitted.

Reasons

Punishment of the crime

On December 2, 2011, the Defendant purchased the E Office located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and directly constructed the supplied land from the victim F and G to the victim F and G. The Defendant is able to enjoy a lot of profits from purchasing the land in the Republic of Korea, H, I, J, K, and L land and selling it at a low cost if it directly constructs the supplied housing.

From a minimum of three to four months, principal and revenue can be paid after a maximum of six months, and the principal of investment can be guaranteed to KRW 2,000 to KRW 300,000,000, and in the middle, it would be repaid to three copies at any time when principal is recovered.

However, at the time, the Defendant was in bad credit standing, and the housing was built solely dependent on the obligation of the financial institution such as the secured loan, etc., and even if the housing was completed, the Defendant was required to preferentially repay the loan to the financial institution, etc., while there was no certain income or property, so there was no intention or ability to repay the loan even if receiving money from the victims.

On March 13, 2012, the Defendant: (a) by deceiving the victims; (b) obtained KRW 50 million from the victim G to the new cooperation account in M M’s name (Account Number N) around March 13, 2012; (c) obtained from the victim F the pecuniary benefit of KRW 140 million,00,000,000,000,000 from the Agricultural Mar. 13, 2012, and obtained the right to use the passbook connected to the Agricultural Mar. Map Loan Account (Account NumberO) in the name of F.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. F’s letter of complaint and G’s letter of delegation;

1. Details of savings deposit transactions, electronic financial transfer result confirmation, all registered matters, certificates of process, details of deposit and withdrawal transactions, payment certificates of loan principles, detailed statement of deposit transactions, copy of passbook transactions, copy of details of deposit and withdrawal transactions, and data on screen pages of deposit and withdrawal transactions;

1.Each.

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