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(영문) 부산지방법원 2016.08.25 2016고단1931
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On January 14, 2016, Defendant A was sentenced to one year of imprisonment for breach of trust, etc. by the Busan District Court, and the above judgment was finalized on May 10, 2016.

[The facts of the crime] The Defendant and C were those who worked in the E real estate located in Gyeongnam-gun, Gyeongnam-gun, and were those who worked in F and eight others around August 2010, and they developed the land through the suspension work with respect to 8265mm2 (hereinafter “instant land”) located in G, Gyeong-gun, G, and 1/9 shares of each of them, and were delegated by the Defendant and C with the duties of re-registering and storing the same owner’s seal impressions and seal seals.

The Defendant and C had the intent to borrow the instant land as collateral in order to raise funds for the Lone Building Project Fund, which was in progress at the time of theation, and around August 31, 2010, at the above real estate office around August 31, 2010, the Defendant and C borrowed the instant land to the victim H “on the loan of KRW 80 million, repayment of principal and interest would be paid two to three months after the loan of KRW 2 to 3,000, and the interest would be set up five copies per month, and the G real estate would be set up as collateral for

“A false representation was made.”

However, the Defendant and C did not have been delegated or consented to the establishment of the right to collateral security by the owners of the instant land.

Ultimately, as above, the Defendant and C received 40 million won from the injured party via the account in the name of the mother I of C on the same day, and 30350,0350,000 won from the account in the name of the Defendant around September 1, 2010 (the prior interest 9.65,00 won deduction) respectively.

Accordingly, the defendant, in collusion with C, deceiving the victim, thereby deceiving 7,350,000 won.

Summary of Evidence

1. The respective legal statements of the defendant and C;

1. Statement made by the police with H;

1. Copy of bankbooks and details of transactions;

1. Previous convictions: Inquiries about criminal history, copies of each judgment, inquiry about summary information of the case, and application of Acts and subordinate statutes of substantial facts to this court;

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

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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