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(영문) 수원지방법원 안산지원 2016.08.31 2016고단2104
사기
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 7, 2011, the Defendant, at the office of the victim C corporation located in Gangnam-gu Seoul Metropolitan building 710 on September 7, 201, owned an apartment in Incheon, and paid 36% interest per annum on the loan of KRW 18,00,000 to the victim D, which is located in Gangnam-gu Seoul Metropolitan Government B building 710, and repayment by March 6, 2012.

In addition, on September 8, 201, the current apartment house is currently owned by E, but he/she is residing without compensation due to relative relations, and there is no problem of establishing a collateral security," and on September 8, 201, the F branch located in Seodaemun-gu Seoul Southern District submitted a written confirmation of free residence in the name of E to D.

However, at the time, E paid a deposit of KRW 90,00,000 to the above apartment, and was residing in the person having a right to lease on a deposit basis, and the above certificate of free residence was written by the defendant. The defendant received a loan of KRW 147,00,000 from the new union, and the defendant did not have an intention or ability to repay the loan even if he received the loan from the damaged person, because there was no certain income, such as setting up a mortgage of KRW 191,10,000 for the above apartment, and there was no economic difficulty.

Around September 8, 2011, the Defendant, by deceiving the victim, received KRW 18,00,000 from the victim, under the name of the Defendant’s account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. Application of the Acts and subordinate statutes on the lease contract for apartments, such as a certified copy of the register, certificate of free residence, certificate of seal imprint, details of perusal by transfer households, loan certificate, certificate of completion of registration;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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