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(영문) 서울남부지방법원 2015.06.19 2014고단3686
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On November 2012, the Defendant received a proposal from the Victim F, who was operating the Singu Police Officer (E), to the effect that “In the course of carrying out a development project in the Sin-si G G (hereinafter “instant real estate”), the construction fund was insufficient to obtain a loan from the Tourism Promotion Fund as security for the instant real estate, but it did not receive a loan due to the collateral security, seizure, etc. established on the instant real estate.”

On November 5, 2012, the Defendant made a false statement to the effect that “Around November 5, 2012, the Defendant would be 303 of the Yangcheon-gu Seoul H Building 303, the victim is the representative director of the IB and the financial loan expert, and would have a single-class construction company located in the Cheongju, the inside of which would be guaranteed after entering into a contract with the contractor, and would be able to receive a loan from the Korea Credit Guarantee Fund after obtaining a guarantee from the Korea Credit Guarantee Fund.” Thus, the Defendant would not be able to receive a loan for a period of one week.”

However, the defendant did not have the intent or ability to receive a loan from the Korea Credit Guarantee Fund with a guarantee from the Korea Credit Guarantee Fund within one week, and only intended to receive money in the name of the retainer and use it for personal purposes, such as his/her own cost of living.

As such, the Defendant, by deceiving the victim as such, was transferred from the victim to the new bank passbook in the name of the Defendant on November 5, 2012 under the pretext of the starting money on November 5, 2012.

2. On November 10, 2012, the Defendant: (a) around November 10, 2012, on the land of this case, it was difficult to obtain a guarantee from the Credit Guarantee Fund as provisional attachment was established;

up to 2 loans of 4 billion won from the Dongyang Savings Bank if it is well known to the public;

Accordingly, the appraisal of the real estate of this case shall be at least 10 billion won, and the previous appraisal shall be deleted;

10,000,000 won is required as the retainer for the appraisal work;

Once payment is made, a written appraisal after appraisal.

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