(영문) 서울서부지방법원 2017.08.23 2016고단3972

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(영문) 서울서부지방법원 2017.08.23 2016고단3972

사기

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is the owner of the land in Gyeyang-gu, Soyang-gu, and the victim D was a school with the premise of marriage from May 2016 to June 18, 2016.

On May 2016, the Defendant: (a) borrowed 220 million won from “E” to “E” and set up a right to collateral security on the said land; (b) lent money at a high interest rate; and (c) paid 200,000 won or more to E as interest.

When a party loans money to the party, the party made a false statement to the effect that it will cancel the right to collateral security by repaying the debt to E with the money, and then establish a senior collateral security in the name of the party in the name of the party.

However, in fact, the defendant was planned to use the money received from the injured party for the repayment of interest in arrears to several creditors including E including E and banks, and there was no intention to use the money as the principal repayment for E.

In addition, since there was no plan to repay principal to E and cancel E’s right to collateral security, there was no intention or ability to set priority to collateral security in the name of the victim in the above land.

Nevertheless, the defendant deceivings the victim as above and acquired 100 million won from the national bank account in the name of the defendant under the pretext of paying the debt to E from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the prosecution with regard to D;

1. A criminal investigation report;

1. A copy of a bankbook and a certificate of all the registered matters [220 million won requested by the defendant to the victim is the principal amount of secured debt against the right to collateral security against E, and the defendant also requested the victim to pay the above money with regard to the repayment of debt to E;

The statement, and the victim shall pay the debt to the above E by the defendant.

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