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(영문) 인천지방법원 부천지원 2014.10.14 2013고단979
사기
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

around February 26, 2010, the Defendant “2013 Man-Ma979” means: (a) around 26, 2010, the Defendant: (b) around 100 million Won-gu, Busan; (c) even if he/she borrowed money from the victim E (Nam and 33 years of age), he/she did not have any intent to use the money for the purchase of the land where he/she was located; and (d) even though he/she did not have any intent or ability to repay the money on the agreed date, he/she may purchase the surrounding land and receive compensation. If he/she borrowed KRW 100 million of the money necessary for the purchase of the surrounding land, he/she shall receive the land compensation and shall receive the compensation; (d) thereby, F shall have the victim remit KRW 100 million to the Defendant on the same day.

around April 29, 2010, the Defendant made a false statement to the effect that “The father who has a high-ranking father has provided bonds as security, but he/she has sold the bonds with full payment and borrowed money before he/she sold the land, 80,000 won of the bonds,” to the effect that “The Defendant shall lend 80,000,000 won of the bonds with full payment.”

However, in fact, the defendant borrowed money from the victim and thought that he will invest in the sales agency business in Jung-gu Seoul, Jung-gu, Seoul and there was no think that he will sell the land with full payment of the bonds.

Nevertheless, the Defendant deceivings the victim as such, and received KRW 80 million from the victim on the same day as the loan.

Summary of Evidence

"2013 Highest 979"

1. Statements of the accused part of the first trial records;

1. Statement of witness F in the second protocol of the trial;

1. Each police statement of E and H;

1. Each investigation report (including attached documents), a detailed statement of transactions of passbooks, a family relation certificate, and a full certificate of registered matters";

1. Statement of the accused in the first protocol of trial;

1. The police statement concerning G;

1. A complaint, a loan certificate, a certified copy of the register (I), a statement of transactions, and a deposit certificate law shall apply 1.2.

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