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(영문) 서울북부지방법원 2016.04.22 2014고단4202
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On November 29, 2012, the Defendant was sentenced to one year of imprisonment for fraud and three years of suspended execution at the District Court for the Defendant’s District Court on November 29, 2012, and the judgment became final and conclusive on April 19, 2013.

On February 1, 2011, the Defendant, through “D real estate” operated in Seocheon-gu, Seocheon-gu, Seocheon-gu, and through “C,” a real estate broker, Da, a real estate broker, wants the victim E to purchase KRW 134,00,000 square meters for KRW 134,000,000,000. The head of the Party would pay the full amount of the land price. As such, the Defendant would receive a loan under the name of H and pay the balance.

The ownership of real estate will be transferred to H, and the loan will be responsible and repaid to H, and it will not be disadvantageous to the credit.

The phrase “ makes a false statement.”

However, in fact, the defendant did not want to use the loan with the loan of the above land owned by the victim as collateral, but did not have the intention or ability to repay the loan, and there was no intention or ability to transfer the ownership of the above land.

On February 11, 201, the Defendant borrowed KRW 200 million in the name of H from the Saemaeul Credit Cooperative in Dongdaemun-gu, Seoul, to provide the victim with the above land as security, and had the victim be a joint guarantor of the contract to receive the above KRW 200 million and acquired the pecuniary benefit equivalent to the above amount.

Summary of Evidence

1. Each legal statement of witness E and I;

1. Each protocol concerning the examination of suspect by the prosecution against J, C, and the defendant;

1. Statement made by the prosecution against E;

1. A loan transaction agreement, a written guarantee, a certified copy of registry, an application for provisional seizure of real estate, a certified copy of registry, a statement of repayment of loan, and a real estate transaction contract;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the confirmation of the date of confirmation of the case of a suspect A);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that Article 39.

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