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(영문) 부산지방법원 동부지원 2018.09.05 2018고정100
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who actually operates the Real Estate Development Business Co., Ltd. (State)C in Busan-gu B building.

On June 2016, the defendant would purchase real estate from the victim in the office of (ju) C around 2016, and then sell it in the future to repay the principal and interest without money.

“The purpose of “ was to make a false statement.”

However, the Defendant was expected to use the above borrowed money in operating expenses of the company from the beginning, and there was no intention or ability to repay the borrowed money due to no particular hospitalization or property at the time.

The defendant deceivings the victim as above, and thereby deceivings the victim about 7 million won on the 28th of the same month from the victim, and acquired the total of 12 million won including 5 million won on the 28th of the same month and 5 million won on the 5th of the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the examination of the police officers of the accused;

1. The defendant and his/her defense counsel asserts that the details of expenditure execution of the L/C and the details of the use of the passbook, investigation report (in addition to the copy of the passbook E, etc. submitted by the suspect) [the defendant and his/her defense counsel shall not borrow

However, although the victim’s statement is not somewhat unclear, it is relatively consistent that he/she lent money to a lending company in relation to the purchase of real estate. In light of the fact that the victim borrowed money from a lending company with high interest rate despite the difficult economic circumstances, the victim seems to have lent money on the premise that he/she is either the victim or the company’s name or at least is used as a real estate purchase fund (the defendant also is difficult to conduct business due to the lack of current expenses).

If an investment is made to B by receiving a loan under the name of the party, it is expected to divide the principal and the monthly income if the income is generated by the progress of the business later after purchasing real estate.

The Defendant stated that he was the victim’s statement. The Defendant’s expenses incurred in paying money from the victim.

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