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Reasons
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(영문) 서울동부지방법원 2013.09.26 2012고단2974
사기
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Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around March 201, the Defendant, at the D Co., Ltd. office located in Gangdong-gu Seoul Metropolitan Government, received approximately KRW 200 million from the victim E to obtain loans from the victim E to cover approximately KRW 3500,000,000 as collateral in order to establish the distribution center at approximately KRW 3,500,000,000. To do so, there must be an appraisal report at least KRW 600,000,000 for the amount of the above forest land issued by G appraisal corporation. The Defendant received an appraisal report from G appraisal corporation to the effect that “it is possible to receive an appraisal report for the loan of at least KRW 60,000,000,000,000,000,000,000.”

However, at the time, the defendant did not have any person who could request the G appraisal corporation to submit a written appraisal that the assessed value of the collateral was unsatisfed, and there was no intention or ability to receive the written appraisal for a secured loan of at least 600 million won, and the cost of issuing the written appraisal is determined according to the real property value, and if the assessed value is KRW 600,000,000,000,000.

Nevertheless, the Defendant, as such, by deceiving the victim and deceiving the victim, acquired the victim a total of KRW 17.5 million from the bank account in the name of the Defendant (Account Number H) on May 13, 201, KRW 12 million on June 9, 201, KRW 100,000 on June 10, 201, KRW 200,000 on June 15, 201, KRW 200,000 on June 15, 201, KRW 50,000 on June 16, 2011, and KRW 17.5 million on June 17, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and I;

1. Entry of the defendant's partial statement in the interrogation protocol of the defendant by the prosecution and entry of E in the interrogation protocol of the defendant;

1. Of the police suspect interrogation protocol against the defendant.

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