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(영문) 대전지방법원 서산지원 2018.06.27 2018고단403

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 12, 2015, the Defendant filed a lawsuit for the return of the loan against the victim C with the competent court of the Daejeon District Court located in 140, Cheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Daejeon District Court of the Daejeon District Court, which was located in 140, Chungcheongnam-si, Chungcheongnam-si, Seoul Special Metropolitan City, and stated that “The Defendant lent KRW 7,400,000 to the victim on December 26, 2015” in the complaint, and made efforts to find the amount of joint responsibility for D (D) 7,400,000.

On December 26, 2005, residents E submitted “D (Sales Division)” as evidentiary materials. < Amended by Presidential Decree No. 17810, Dec. 26, 2005>

However, there was no fact that the Defendant lent the above money to the victim since 2005, and the above "D (Sales) Paper" was written on the date to prevent the suspect from losing due to the completion of the statute of limitations (10 years) of general claims.

On June 8, 2016, Defendant (victim) was rendered a favorable judgment with the purport that “The Defendant (victim) shall pay to the Plaintiff (Defendant) 7.4 million won with the interest rate of 15% per annum from October 19, 2015 to the date of full payment,” by deceiving the full bench in charge of the Jin-si District Court of Seosan branch of the Daejeon District Court, Seosan branch of the Daejeon District Court, and by submitting “D (Sales)” falsely prepared.

Accordingly, the Defendant, by deceiving the court as above, obtained the same amount of property benefits from the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution against C;

1. Application of each investigation report (including attached documents), accusation report (C) (including attached documents) and statutes

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act under Article 62(1) are as follows: (a) details and amount of the relevant lawsuit fraud; (b) actual winning judgment was rendered; (c) however, there was no actual enforcement of the favorable judgment; and (d) there was no agreement with