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(영문) 수원지방법원 안산지원 2019.05.29 2019고단909
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 4, 2012, the Defendant: (a) purchased an apartment to the victim C with the introduction of B, which was known to the general public, from the mix-dong Seoul National Pension Management Corporation (U.S.) near the Masan-dong Office of Masan-dong; (b) the intermediate payment is insufficient; (c) the Defendant borrowed money, stating that the Defendant would pay interest on the fourth day of each month and pay the principal by June 4, 2013.

However, in fact, the Defendant did not have purchased apartment units, and at the time, was liable for the loans of financial institutions equivalent to KRW 340 million and the obligations equivalent to KRW 200 million. The Defendant did not have any economic circumstances such as being seized the Defendant’s wages because the Defendant did not repay the loans borrowed prior to this case. However, even if the Defendant borrowed money from the victim, it did not have any intent or ability to repay the loans.

As above, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim as the loan money on the same day.

2. On October 2012, the Defendant needs to additionally pay an intermediate payment for the apartment that was sold to the said victim. If the Defendant borrowed money, the interest will be paid on the 25th of each month and the principal will be repaid until October 9, 2013.

However, the defendant was not in good economic condition for the same reason as Paragraph 1, and even if he borrowed money from the victim, he did not have the intention or ability to repay it.

As above, the Defendant, by deceiving the victim as above, received KRW 10 million from October 9, 2012 to October 12, 2012 from the victim as the above loan.

As a result, the defendant was issued a total of KRW 20 million by deceiving the victim two times.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. A certified copy of a notarial deed ( June 4, 2012) or a certified copy of a notarial deed ( October 9, 2012);

1. Inquiries about details of transactions and liquidity by account;

1. All the matters to be registered;

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