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(영문) 수원지방법원 2017.08.17 2016고단5779
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 25, 2015, the Defendant purchased land in the F Dong and made tax payment to the victim E from the control point D located in Young-gu, Young-si, Young-si.

Since the land is prepared to obtain a loan as collateral, it is said that the loan can be repaid within one week from the loan to the effect that the loan can be repaid.

In fact, while the Defendant purchased land from H, I, and J in order to construct a child care center with G as ASEAN, the Defendant was using the land as the purchase price of the land and the construction cost of the child care center, etc., which was loaned 870 million won as collateral. The Defendant was merely at the stage of counseling at a financial institution and did not have the preparation for receiving the loan, even if he/she borrowed money from the injured party, it did not have any intent or ability to receive the loan for a short period.

Around February 26, 2015, the Defendant: (a) by deceiving the victim; and (b) received delivery of KRW 18 million to the bank account in the name of K in G around February 26, 2015 from the victim.

From around that time to May 18, 2015, the Defendant, as indicated in the list of crimes in attached Form 2, by deceiving the victim on three occasions in total, and received delivery of KRW 25,500,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of some of the police officers against the accused;

1. A summary of each video recording survey;

1. A certified copy of each registry;

1. An inquiry of past transaction details, a detailed statement of entry and withdrawal transactions, and a detailed statement of the progress of the case in 2015k single 100133;

1. Contracts for the sale and purchase of I real estate, performance agreements, and contracts for the sale and purchase of J-owned real estate in Yong-gu, Young-gu, and Yong-si;

1. A report on investigation (Submission of suspect explanatory materials);

1. A criminal investigation report (verification of the fact that a fact certificate is submitted);

1. Each investigation report (attached a written decision on the relevant case);

1. A complaint, a certificate of borrowing, and details of banking transactions.

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