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(영문) 대전지방법원 천안지원 2020.02.13 2019고단2326
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

B A person who engages in real estate leasing business, and the defendant is a person who has operated a general restaurant as a branch of B.

Around September 2012, the Defendant and B conspired to use the deposit by making a move-in report to the apartment complex in this case, even though the Defendant did not intend to use the loan as the deposit for the deposit, and did not intend to repay the loan, and the Defendant did not have any intent or ability to do so.

B entered into a contract to purchase the overall loan plan from E, the owner of Ansan-si C apartment unit D in the name of F on September 26, 2012, and on the same day, the Defendant entered into a lease contract with E, and made a move-in report to the above head office on October 4, 2012.

Around October 18, 2012, the Defendant and B filed an application for a loan of the fund to an employee who is unable to know the name in the victim H office in the vicinity of the Seocheon-si, Busan Metropolitan City, for the loan of the fund, “I would make the principal and interest to be repaid well if I want to loan the deposit of the deposit of the deposit of the deposit of the deposit of the loan of the Hansung-si CD.” The Defendant and B submitted a deposit contract and a resident registration copy, etc., and acted as a normal tenant, and had the victim deposit KRW 97 million in the name of the loan of the deposit of the deposit of the deposit of the lease of the deposit of October 22, 2012.

Accordingly, the defendant acquired property profit equivalent to KRW 97 million in collusion with B.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol prepared by the prosecution concerning B;

1. Each police statement of E and F;

1. A summary of the statement of I;

1. Application for the lease of loans 21;

1. Application of Acts and subordinate statutes on the lease contract for apartments;

1. Article 347 (1) or 30 of the Criminal Act applicable to the crimes and Articles 347 (1) or 34 of the Criminal Act;

1. Suspension of execution of sentence under Article 62(1) of the Criminal Act is not less than the nature of reasons for sentencing, but not less than the amount of damage, taking into account such factors as the fact that it recognizes and reflects the crime, without substantial profits acquired;

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