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(영문) 수원지방법원 2016.04.28 2015고단2102
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On September 2013, 2013, the Defendant called the victim E at the office located in Seocho-gu Seoul, Seocho-gu, Seoul, by phoneing the victim E, and “The 10 billion fake commercial building building was ever sold in Daejeon, and the bank work is possible from 12 billion to 14 billion won.”

Even if the owner's share of KRW 10 billion takes place, 2 billion to KRW 4 billion, so if the sale is made after completing the construction work after taking over KRW 2 billion, 15 billion will be increased.

In order to make banking operations soon, it was false to say that the amount of entertainment expenses for banking officers is needed and changed to the extent that the payment is needed.

However, in fact, the defendant did not have the intent or ability to purchase commercial buildings through the above bank loan or to create profits exceeding KRW 00 million through the purchase of commercial buildings.

The Defendant, by deceiving the victim E, received KRW 5 million from the victim E and the victim F to the agricultural bank account in the name of the Defendant on the same day.

2. On September 27, 2013, the Defendant purchased a commercial building with a bank loan from the victim E in the H station located in the G G in the Haju-gun of North Korea on September 27, 2013, and “it is necessary to cease guarantee insurance to conduct banking operations, with a premium of KRW 45 million.

Dispatching KRW 45 million

In other words, the phrase “ was false.”

However, in fact, there was no intention or ability to purchase the above commercial building through the above bank loan or to create more than KRW 45 million through the above purchase of the commercial building, and even if the above amount was paid as the guaranteed insurance premium, there was no intention to use it as the guaranteed insurance premium.

As such, the Defendant, by deceiving the victim E, and deceiving it from the victim E and the victim F, KRW 43.8 million around September 27, 2013;

9. 30,000,000 won around 1.2 million won under the name of the defendant.

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