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(영문) 제주지방법원 2019.06.13 2018고단2902
사기
Text

A defendant shall be punished by imprisonment with prison labor for four 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

around January 4, 2018, the Defendant sought to provide the Victim C with real estate consulting at the D office operated by the Victim C in Jeju Island, and to invest KRW 150 million in the Center.

From KRW 10 million to KRW 15 million to KRW 15 million, loaned

3. Until 30.0, up to 30.0, 7% of the principal will be paid during the above period;

The shares may also be deducted if they are not repaid to the extent of KRW 30 million, and if they are not repaid on the day they are paid, the mortgage shall be created in E Apartment F.

"Finally false."

However, at the time of fact, the Center did not select the location of the cost equivalent to KRW 300 million as the business, and the above E apartment was not owned by the Defendant’s wife, and it was difficult to establish the mortgage due to the Defendant’s prior consent to the establishment of the mortgage. Even if the Defendant received the money from the victim, there was no intention or ability to pay the principal and interest even if he borrowed the money from the victim, even though he was intended to use it in repayment of personal debt.

As above, the Defendant, by deceiving the victim as above, remitted KRW 10 million from the victim to the G bank account (H) in the name of the Defendant on the same day. On January 9, 2018, the Defendant acquired money by remitting KRW 5 million to the same account as the borrowed money under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to accusations, details of account transactions, copies of the agreement on cash loan for consumption, certified copy of the register, and copies of account transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is the crime of this case by deceiving the sum of 15 million won under the name of the borrowed money, and the crime is not minor, and the defendant is the victim.

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